Collection and enforcement E+W+S

38 Enforcement of liability orders by diligence: Scotland. E+W+S

(1) In Scotland, where a liability order has been made against a person, the order shall be warrant anywhere in Scotland—

(a) for the [F1 Commission] to charge the person to pay the appropriate amount and to recover that amount by [F2 an attachment] and, in connection therewith, for the opening of shut and lockfast places;

(b) for an arrestment (other than an arrestment of the person’s earnings in the hands of his employers) and action of furthcoming or sale,

and shall be apt to found a Bill of Inhibition or an action of adjudication at the instance of the [F3 Commission].

(2) In subsection (1) the “appropriate amount” means the amount in respect of which the order was made, to the extent that it remains unpaid.

Textual Amendments

F1 Word in s. 38(1)(a) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 40(a); S.I. 2008/2675, art. 3(b)

F2 Words in s. 38(1)(a) substituted (S.) (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 64(2), Sch. 3 para. 20 (with s. 63)

F3 Words in s. 38(1) substituted (temp.) (1.11.2008) by virtue of Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 40(c); S.I. 2008/2675, art. 3(b)

Modifications etc. (not altering text)

C1 S. 38 applied (with modifications) (E.W.) (5.4.1993) by S.I. 1992/2643, reg.3

C2 Ss. 29-41B modified by The Child Support (Transitional Provisions) Regulations 2000 (S.I. 2000/3186), reg. 16(2A) (as inserted (21.2.2003) by S.I. 2003/328, regs. 1(3)(a), 9(7)(b))

C3 S. 38 modified (10.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 59(6), 62(3); S.I. 2008/1476, art. 2(6)