Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Citation and commencement

   2. 2. Interpretation

3. PART II EXTENSION OF TIME TO PAY DEBTS AND RELATED MATTERS

   1. 3. Notice of interest claimed

   2. 4. Applications for variation or recall of time to pay directions or for recall or restriction of arrestments

   3. 5. Applications for time to pay orders

   4. 6. Applications for variation or recall of time to pay orders, poindings or arrestments.

   5. 7. Consumer Credit Act 1974

4. PART III POINDINGS AND WARRANT SALES

   1. 8. Applications for releasing poinded articles

   2. 9. Applications for extension of hours of poinding

   3. 10. Access to premises

   4. 11. Poinding schedule

   5. 12. Applications for security of poinded articles

   6. 13. Applications for immediate disposal of poinded articles

   7. 14. Receipt of redemption of poinded articles

   8. 15. Reports of execution of poindings

   9. 16. Release of poinded articles on ground of undue harshness

   10. 17. Invalidity, cessation and recall of poindings

   11. 18. Sist of proceedings in poinding of mobile homes

   12. 19. Applications for extension of period of poindings

   13. 20. Applications for removal of poinded articles

   14. 21. Unauthorised removal of poinded articles

   15. 22. Poinded articles acquired for value without knowledge of poinding

   16. 23. Further poinding in same premises

   17. 24. Damage or destruction of poinded articles

   18. 25. Applications for consignation by third party

   19. 26. Applications for warrants of sale

   20. 27. Location of sales

   21. 28. Receipts for redemption of poinded articles after application for warrant of sale

   22. 29. Intimation and publication of warrants of sale

   23. 30. Alteration of arrangements for warrant sales

   24. 31. Reports of warrant sales

   25. 32. Modification of sale balance and declaration that poinding and sale void

   26. 33. Retention of reports of sales

   27. 34. Release from poinding of articles belonging to third party

   28. 35. Release from poinding of articles in common ownership

   29. 36. Applications for finding of common ownership of poinded article

   30. 37. Conjoining of poindings

5. PART IV DILIGENCE AGAINST EARNINGS

   1. 38. Earnings arrestment schedules

   2. 39. Intimation of regulations made under section 49(7) of the Act

   3. 40. Applications for orders that earnings arrestments invalid etc.

   4. 41. Determination of disputes as to operation of earnings arrestment

   5. 42. Current maintenance arrestment schedules

   6. 43. Intimation of regulations made under section 53(3) of the Act

   7. 44. Intimation of changes in small maintenance payments limits

   8. 45. Intimation to debtors prior to service of current maintenance arrestments

   9. 46. Applications for orders that current maintenance arrestments are invalid etc.

   10. 47. Recall of current maintenance arrestments

   11. 48. Determination of disputes as to operation of current maintenance arrestments

   12. 49. Intimation by sheriff clerk where non-Scottish maintenance order ceases to have effect

   13. 50. Intimation by creditor under section 57(4) of the Act

   14. 51. Applications by debtors for payment by creditors

   15. 52. Applications by second creditors for information

   16. 53. Applications for conjoined arrestment orders

   17. 54. Conjoined arrestment orders

   18. 55. Applications by sheriff clerks for warrants for diligence

   19. 56. Applications by creditors for information under section 62 of the Act

   20. 57. Application for variation of conjoined arrestment orders

   21. 58. Intimation of changes to calculation of sum payable by employer

   22. 59. Determination of disputes as to operation of conjoined arrestment orders

   23. 60. Applications for payment by creditors to debtors

   24. 61. Recall of conjoined arrestment orders under section 66(1)(a) of the Act

   25. 62. Recall of conjoined arrestment orders under section 66(1)(b) of the Act

   26. 63. Applications for variation of conjoined arrestment orders

   27. 64. Requests by creditors to cease enforcement of debts by conjoined arrestment orders

   28. 65. Service of sheriff’s decision in applications for recall or variation of conjoined arrestment orders

   29. 66. Service by post of arrestments against earnings

   30. 67. Certificates of execution

6. PART V WARRANTS FOR DILIGENCE

   1. 68. Summary warrants

   2. 69. Applications by creditors for warrants to enforce acquired rights

7. PART VI MISCELLANEOUS

   1. 70. Representation

   2. 71. Powers of sheriff

   3. 72. Appeals

   4. 73. Intimation

   5. 74. Hearings

   6. 75. Dispensing power of sheriff

8. Signature

9. 1. SCHEDULE

      FORMS

      1. ARRANGEMENT OF FORMS EXTENSION OF TIME TO PAY AND RELATED MATTERS

10. Explanatory Note