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

in the case of a decree requiring payment by instalments, no later than 14 days before the date on which the last instalment is due to be paid; or

in the case of a decree requiring payment by lump sum within a certain period, no later than 14 days before the last day of such period.

fix a date for the hearing of the application (which date shall be not less than 7 days from the date of intimation made under sub-paragraph (c) of this paragraph);

obtain from the sheriff a warrant to intimate the application to the debtor and the creditor;

intimate the application and warrant to the debtor and the creditor; and

complete a certificate of intimation.

the date of the decree or other document;

the parties named in it;

where appropriate, the court which granted it;

details of the debt and any interest due; and

any further information, relating to the decree or other document, as the sheriff shall consider necessary to enable him to determine the application.

appoint a date for the hearing of the application;

intimate that date to the parties and a copy of the written objections to the applicant; and

advise the applicant that he may accept any counter-proposal prior to the date fixed for the hearing.

fix a date for the hearing of the application (which date shall be not less than 7 days from the date of intimation made under sub-paragraph (c) of this paragraph);

obtain from the sheriff a warrant to intimate the application to the debtor and the creditor;

intimate the application ad warrant to the debtor and the creditor; and

complete a certificate of intimation.

the name and address of the person to whom the sheriff clerk will require to intimate the application under paragraph (3)(c) of this rule;

the court which granted the original decree and the date of that decree, or details of the summary warrant or other document, upon which the poinding proceeded;

the date and place of execution of the poinding;

the poinded article sought to be released;

the reasons for seeking release of the poinded article; and

any competent crave for expenses.

fix a date for a hearing;

obtain from the sheriff a warrant for intimation;

complete a certificate of intimation.

the extension sought; and

the reason for the extension.

the court which granted the original decree and the date of that decree, or details of the document upon which the poinding proceeded, and the date of any charge;

if appropriate, that he informed the debtor of his right to redeem poinded articles, and whether any articles have been redeemed;

if appropriate, that he informed any person present who owns any poinded article in common with the debtor of his right to redeem poinded articles;

if appropriate, that he informed the debtor and any person present who owns any poinded article in common with the debtor, or who is in possession of the poinded article, of his right to apply for an order releasing articles from poinding under section 16(4), 23(1) or 41(3)(b) of the Act;

whether he has carried out any of the actions mentioned in section 20(7) of the Act;

the articles poinded and their respective values;

the sum due by the debtor, including the fees, mileage charges or outlays which have been incurred in serving the charge and executing the poinding, and the amount of each; and

in the case of a further or second poinding, the circumstances justifying the poinding.

the name and address of the persons to whom the sheriff clerk will require to intimate the application under paragraph (3)(c) of this rule;

the court which granted the original decree and the date of that decree, or details of the summary warrant or other document, upon which the poinding proceeded;

the date and place of the execution of the poinding;

the poinded article sought to be released;

the reasons for seeking release of the poinded article; and

any competent crave for expenses.

fix a date for a hearing;

obtain from the sheriff a warrant for intimation;

intimate the application and warrant to the applicant, the creditor, the officer of court who executed the poinding and, as appropriate, the debtor or any person having possession of the poinded article; and

complete a certificate of intimation.

orally at the time of granting of the application for release of an article; or

endorsing a minute on the order granted.

for an order under section 24(1) of, or paragraph 8(1) of Schedule 5 to, the Act (poinding invalid or has ceased to have effect); or

for recall of a poinding under section 24(3) of, or paragraph 8(3) of Schedule 5 to, the Act (undue harshness; aggregate value of articles low; aggregate proceeds of sale would not exceed expenses),

the name and address of the creditor, the officer of court who executed the poinding and any other person having an interest;

the court which granted the original decree and the date of that decree, or details of the summary warrant or other document, upon which the poinding proceeded;

the date and place of execution of the poinding;

the reasons for the application and the order sought; and

if appropriate, any competent crave for expenses.

fix a date for a hearing;

obtain from the sheriff a warrant for intimation;

intimate the application and warrant to the applicant, the creditor and any other party having an interest;

intimate the application to the officer of court who executed the poinding with an order that he deliver to the court before the date fixed for the hearing a copy of the poinding schedule; and

complete a certificate of intimation.

the name and address of, the debtor or other person whose only or principal residence is the subject of the poinding, the creditor and the officer of court who executed the poinding;

the court which granted the original decree and the date of that decree, or details of the summary warrant or other document, upon which poinding proceeded;

the date and place of execution of the poinding; and

any competent crave for expenses.

fix a date for a hearing;

obtain from the sheriff a warrant for intimation;

intimate the application and warrant to the debtor, the creditor, the officer of court who executed the poinding and any person whose only or principal residence is the subject of the poinding; and

complete a certificate of intimation.

the name and address of the debtor, and where appropriate, the creditor and the officer of court who executed the poinding;

the court which granted the original decree and the date of that decree, or details of the summary warrant or other document, upon which the poinding proceeded;

the date and place of execution of the poinding;

the period of extension sought;

the reasons for making the application; and

where appropriate, any competent crave for expenses.

fix a date for a hearing;

obtain from the sheriff a warrant for intimation;

intimate the application and warrant to the applicant, the debtor and, where appropriate, the officer of court who executed the poinding; and

complete a certificate of intimation.

the name and address of the creditor, the officer of court who executed the poinding and, as appropriate, the debtor or the person having possession of the poinded article;

the court which granted the original decree and the date of that decree, or details of the summary warrant or other document, upon which the poinding proceeded;

the date and place of execution of the poinding;

the poinded article to be removed and its present location;

the reasons for seeking removal of the poinded article and the order sought; and

any competent crave for expenses.

fix a date for a hearing;

obtain from the sheriff a warrant for intimation;

intimate the application and warrant to the applicant, the creditor, the officer of court who executed the poinding and, as appropriate, the debtor or any person having possession of the poinded article; and

complete a certificate of intimation.

the name and address of the debtor, the officer of court who executed the poinding and the person having possession of the poinded article;

the court which granted the original decree and the date of that decree, or details of the summary warrant or other document, upon which the poinding proceeded;

the date and place of execution of the poinding;

the article removed;

the present whereabouts of the article, if known;

the order sought; and

any competent crave for expenses.

fix a date for a hearing;

obtain from the sheriff a warrant for intimation;

intimate the application and warrant to the applicant, the officer of court who executed the poinding, the debtor and, where his identity is known, the person in possession of the poinded article; and

complete a certificate of intimation.

the name and address of the creditor, the debtor, any other person having an interest in the article known to him and the officer of court who executed the poinding;

the court which granted the order for restoration and the date of that order;

where known, the date and place of execution of the poinding;

a description of the article concerned, details of the circumstances of its acquisition for value and without knowledge of the poinding and the applicant’s interest in it;

the order sought; and

any competent crave for expenses.

fix a date for a hearing;

obtain from the sheriff a warrant for intimation;

intimate the application and warrant to the applicant, the creditor, the debtor, the officer of court who executed the poinding and any other person known to the applicant as having an interest in the article or whom the sheriff may name in the warrant; and

complete a certificate of intimation.

by oral motion in proceedings relating to the poinding; or

in form 17.

the name and address of the debtor;

the court which granted the original decree and the date of that decree, or details of the summary warrant or other document, upon which the poinding proceeded;

the date and place of execution of the poinding;

the grounds for the application including reasons for alleging that the debtor is at fault; and

any competent crave for expenses.

fix a date for a hearing;

obtain from the sheriff a warrant for intimation;

intimate the application and warrant to the debtor and the applicant; and

complete a certificate of intimation.

the name and address of the debtor;

the court which granted the original decree and the date of that decree, or details of the summary warrant or other document, upon which the poinding proceeded;

the date and place of execution of the poinding;

the poinded article alleged to have been damaged or destroyed;

where appropriate, the reasons for alleging that the debtor is at fault;

where appropriate, the alleged reduction in value;

the order sought; and

any competent crave for expenses.

fix a date for a hearing;

obtain from the sheriff a warrant for intimation;

intimate the application and warrant to the applicant, the debtor, the officer of court who executed the poinding and any other party whom the sheriff may name in the warrant; and

complete a certificate of intimation.

the name and address of the creditor, the debtor, the person in respect of whom an order for consignation is sought and the officer of court who executed the poinding;

the court which granted the original decree and the date of that decree, or details of the summary warrant or other document, upon which the poinding proceeded;

the date and place of execution of the poinding;

the article damaged, destroyed, lost, stolen or sold;

details of the sum for which consignation is sought; and

any competent crave for expenses.

fix a date for a hearing;

obtain from the sheriff a warrant for intimation;

intimate the application and warrant to the applicant, the officer of court who executed the poinding, the person in respect of whom an order for consignation is sought and, as appropriate, the debtor or creditor; and

complete a certificate of intimation.

the name and address of the applicant, the creditor, any person in possession of the poinded article, the debtor and the auctioneer or officer of court or other person who is to conduct the sale;

the date of the report of execution of poinding to the sheriff;

the name and address of the officer of court who will make the arrangements for the sale in accordance with the warrant;

the intended location of the sale;

the applicant’s proposals for public notice of the sale where it will not be held in an auction room;

the applicant’s proposals for the period within which the sale is intended to take place; and

any release or redemption of a poinded article.

where the sale is to be held in a dwellinghouse, the consent of the occupier, and, if he is not the occupier, of the debtor, to the sale being held in a dwellinghouse; or

where the sale is to be held in premises other than a dwellinghouse or auction room, the consent of the occupier of the premises.

completing and returning the appropriate portion of form 21 to; or

lodging written objections with,

the name and address of the debtor, the creditor and the officer of court who is making the arrangements for the sale; and

the date, time and place of the sale.

the name and address of the applicant, the creditor, the debtor, any person in possession of the poinded article, and the auctioneer or officer of court who is to conduct the sale;

the date of the original warrant of sale;

details of any steps of diligence taken;

the applicant’s proposals for variation and his reasons for seeking such variation;

any release or redemption of a poinded article;

details of any agreement between creditor and debtor to pay the debt by instalments or otherwise and any breach of it;

details of any cancellation of warrant sale; and

any additional powers sought by the applicant in the event of the application being granted.

completing and returning the appropriate part of form 25 to; or

lodging written objections with,

the name and address of the creditor, the debtor and any person, other than the debtor who had possession of the poinded article;

the date of the decree, summary warrant or other document, upon which the sale proceeded, the date of issue of any extract decree and the prior steps of diligence;

details of the warrant of sale and any variation of it;

any intimation, service and notices given by the officer of court in respect of the sale;

when and where the sale took place and the persons who arranged and conducted the sale;

the articles which have been sold and the amount for which they have been sold;

any articles which were not sold and whether their ownership passed to the creditor or reverted to the debtor;

the sum which was due by the debtor and the expenses chargeable against the debtor under Schedule 1 to the Act;

the amount of any surplus paid or to be consigned in court;

any balance of the debt due by the debtor;

any release or redemption of a poinded article whether or not otherwise reported to the court or specified in a warrant of sale or for variation of it; and

any article damaged, destroyed, lost or stolen, any sum consigned by a party in connection with it and any balance of that sum due to the creditor or debtor.

that a balance due to or by the debtor should be modified; or

that the poinding and sale may be void,

where known, the name and address of the creditor, the debtor, the officer of court who executed the poinding and any person other than the debtor having possession of the poinded article;

where known, the court which granted the original decree and the date of that decree, or details of the summary warrant or other document, upon which the poinding proceeded;

the date and place of execution of poinding;

if appropriate, where and when the warrant sale is to be held;

the article which is sought to be released; and

any competent crave for expenses.

fix a date for a hearing;

obtain from the sheriff a warrant for intimation;

intimate the application and warrant to the applicant, the creditor, the debtor, the officer of court who executed the poinding and any person having possession of the article; and

complete a certificate of intimation.

the name and address of the creditor, the debtor, the officer of court who executed the poinding, any person who owns or claims to own the article in common with the debtor and any person other than the debtor having possession of the poinded article;

the court which granted the original decree and the date of that decree, or details of the summary warrant or other document, upon which the poinding proceeded;

the date and place of execution of poinding;

if appropriate, where and when the warrant sale is to be held;

the nature and extent of the applicant’s ownership of the article;

the nature and extent of the debtor’s and any other person’s ownership of the article;

whether an undertaking has been or is made to pay a sum equal to the debtor’s interest in the article;

whether and, if so, why the continued poinding or sale of the article would be unduly harsh to the applicant; and

any competent crave for expenses.

fix a date for a hearing;

obtain from the sheriff a warrant for intimation;

intimate the application and warrant to the applicant, the creditor, the debtor, the officer of court who executed the poinding, any person named in the application who owns or claims to own the article in common with the debtor and any person having possession of the poinded article; and

complete a certificate of intimation.

the name and address of the creditor, the debtor, the officer of court who executed the poinding and any person who owns or claims to own the article in common with the debtor;

where known, the court which granted the original decree and the date of that decree, or details of the summary warrant or other document, upon which the poinding proceeded;

the date and place of execution of poinding;

if appropriate, where and when a warrant sale is to be held;

the article in respect of which the application is made and the nature and extent of the applicant’s ownership of it;

the nature and extent of the debtor’s and any other person’s ownership of the article;

the order sought; and

any competent crave for expenses.

fix a date for a hearing;

obtain from the sheriff a warrant for intimation;

intimate the application and warrant to the applicant, the creditor, the debtor, the officer of court who executed the poinding and any other person whom the sheriff clerk is informed by the applicant also owns or claims to own the article in common with the debtor;

complete a certificate of intimation.

that no warrant of sale has been granted in respect of either poinding;

the date of execution of each poinding;

whether any proceedings are subsisting in respect of the later poinding;

whether any proceedings in respect of the later poinding have been disposed of by the sheriff and whether and by whom any leave to appeal has been sought or appeal taken in respect of any such proceedings.

the name, designation and address of the creditor, the debtor, the employer and any person residing in the United Kingdom to whom payment under the arrestment is to be made;

the decree or other document constituting the debt and when, where and by whom it was granted or issued;

the date on which any charge for payment was served; and

the debt outstanding and the manner of its calculation.

the date of service of the earnings arrestment schedule;

the name and address of the creditor, the debtor and the employer;

that changes in the tables or percentages, as the case may be, have been made by regulations made by the Lord Advocate, the date when they were made and the date of their coming into force.

the name and address of the creditor, the debtor, the officer of court who served the earnings arrestment schedule and the person on whom the schedule was served;

the court which granted the original decree and the date of that decree, or details of the summary warrant or other document, upon which the earnings arrestment proceeded;

the date of service of the earnings arrestment schedule;

the form of order sought;

the reasons for the application; and

any competent crave for expenses.

fix a date for a hearing;

obtain from the sheriff a warrant for intimation;

intimate the application and warrant to the applicant, the creditor and, as appropriate, the debtor or the person on whom the earnings arrestment schedule was served and

complete a certificate of intimation.

the name and address of the creditor, the debtor, the officer of court who served the earnings arrestment schedule and the employer;

the court which granted the original decree and the date of that decree, or details of the summary warrant or other document, upon which the earnings arrestment proceeded;

the date of service of the earnings arrestment schedule;

the subject matter of the dispute;

the form of order sought, including any sum sought to be reimbursed or paid;

any claim for interest and the date from which such interest should run; and

any competent crave for expenses.

fix a date for a hearing;

obtain from the sheriff a warrant for intimation;

intimate the application and warrant to the applicant and, as appropriate, the creditor, the debtor and the employer; and

complete a certificate of intimation.

the name, designation and address of the creditor, the debtor, the employee and any person residing in the United Kingdom to whom payment under the arrestment is to be made;

the maintenance order constituting the current maintenance, when and by whom it was granted or issued, and, where appropriate, details of its registration or confirmation;

the maintenance payable under the maintenance order by the debtor expressed as a daily rate;

where appropriate, the date of intimation made to the debtor under section 54(1) of the Act6 and particulars of default; and

whether or not income tax falls to be deducted from the maintenance payable by the debtor.

the date of service of the current maintenance arrestment schedule;

the name and address of the creditor, the debtor and the employer; and

the new sum which is applicable in accordance with regulations made by the Lord Advocate, the date when they were made and the date of their coming into force.

the date of service of the current maintenance arrestment schedule;

the name and address of the creditor, the debtor and the employer; and

that changes have been made to section 351(2) of the Income and Corporation Taxes Act 19887, what these changes are and the date of their coming into force.

the name and address of the debtor and the creditor;

where appropriate, details of the making, registration or confirmation of the maintenance order; and

that the debtor has been ordered to pay the sum of maintenance awarded and the consequences of his failure to do so.

the name and address of the creditor, the debtor, the officer of court who served the current maintenance arrestment schedule and the person on whom the schedule was served;

the maintenance order and when, where and by whom it was granted or issued and, where appropriate, details of its registration or confirmation;

the date of service of the current maintenance arrestment schedule;

the reasons for seeking the order;

the form of order sought; and

any competent crave for expenses.

fix a date for a hearing;

obtain from the sheriff a warrant for intimation;

intimate the application and warrant to the applicant, the creditor and, as appropriate, the debtor or the person on whom the current maintenance arrestment schedule was served; and

complete a certificate of intimation.

the name and address of the creditor, the debtor, the officer of court who served the current maintenance arrestment schedule and the employer;

the maintenance order and when, where and by whom it was granted or issued and, where appropriate, details of its registration or confirmation;

the date of service of the current maintenance arrestment schedule;

such information as the applicant considers appropriate to satisfy the sheriff that he will not default again in paying maintenance;

the order sought; and

any competent crave for expenses.

fix a date for a hearing;

obtain from the sheriff a warrant for intimation;

intimate the application and warrant to the applicant and the creditor; and

complete a certificate of intimation.

the name and address of the creditor, the debtor, the officer of court who served the current maintenance arrestment schedule and the employer;

the maintenance order and when, where and by whom it was granted or issued and, where appropriate, details of its registration or confirmation;

the date of service of the current maintenance arrestment schedule;

the subject matter of the dispute;

the form of order sought, including any sum sought to be reimbursed or paid;

any claim for interest and the date from which such interest should run; and

any competent crave for expenses.

fix a date for a hearing;

obtain from the sheriff a warrant for intimation;

intimate the application and warrant to the applicant and, as appropriate, the creditor, the debtor and the employer; and

complete a certificate of intimation.

the name and address of the debtor, the creditor, the officer of court who served the arrestment and the employer;

the court which granted the original decree and the date of that decree, or details of the summary warrant or other document, upon which arrestment proceeded;

the amount of the debt or the sum to be deducted from the debtor’s earnings;

where appropriate, the expenses of diligence;

where appropriate, whether the debt recoverable under the earnings arrestment is paid or otherwise extinguished and, if so, from what date and in what circumstances;

where appropriate, whether the current maintenance arrestment has ceased to have effect and, if so, from what date and in what circumstances;

where appropriate, whether the debt being enforced by the earnings arrestment has ceased to be enforceable by diligence and, if so, from what date and in what circumstances;

the calculation showing the sum alleged to have been received by the creditor in excess of entitlement;

the sum sought from the creditor and the grounds for seeking such sum; and

any competent crave for expenses.

fix a date for a hearing;

obtain from the sheriff a warrant for intimation;

intimate the application and warrant to the applicant and to the creditor; and

complete a certificate of intimation.

the name and address of the applicant, the debtor, the employer and the officer of court who served the arrestment schedule in respect of the debt due to the applicant;

the date of service of the applicant’s earnings arrestment or current maintenance arrestment schedule;

that the arrestment did not come into effect by virtue of section 59 of the Act;

the information required by the applicant and which he alleges has not been provided by the employer;

the order sought; and

any competent crave for expenses.

fix a date for a hearing;

obtain from the sheriff a warrant for intimation;

intimate the application and warrant to the applicant and the employer; and

complete a certificate of intimation.

the name and address of the applicant, the debtor, the employer and any person residing in the United Kingdom to whom payment is to be made in respect of the applicant’s debt;

such information relating to the debt due to the applicant as would require to be specified in an earnings arrestment schedule or, as the case may be, a current maintenance arrestment schedule;

the expenses of the application.

intimate the application, together with a form of notice and response in form 44, to the debtor and any other creditor of the debtor already enforcing a debt by an earnings arrestment or current maintenance arrestment in the hands of the same employer; and

complete a certificate of intimation.

specify any earnings arrestment or current maintenance arrestment in effect against the earnings of the debtor in the hands of the same employer;

notify the employer that he must deduct a sum calculated in accordance with section 63 of the Act8 from the debtor’s net earnings on any pay day and to pay the sum deducted to the sheriff clerk as soon as is reasonably practicable for so long as the order is in effect;

specify, as appropriate, the amount recoverable in respect of the debt or debts and the maintenance, expressed as a daily rate or aggregate of the daily rates;

state the address of the sheriff clerk to whom payments are to be sent and, where appropriate, a court reference number; and

if appropriate, include an award of expenses.

in the case of service on the employer, shall be effected by an officer of court on payment of his fee by the applicant; and

in any other case of service on a person within the United Kingdom, shall be by ordinary first class post.

the name and address of the sheriff clerk, the employer, the debtor and the creditors under the conjoined arrestment order;

the date of the conjoined arrestment order and details of its service on the employer;

the sum claimed to be due by the employer and details of its calculation; and

the circumstances in which the sum is said to be due and, if appropriate, any reasons given to the sheriff clerk for its not having been paid.

fix a date for a hearing;

obtain from the sheriff a warrant for intimation;

intimate the application and warrant to the employer, the debtor and the creditors under the conjoined arrestment order; and

complete a certificate of intimation.

the name and address of the applicant, the debtor, the employer and the officer of court who served the arrestment schedule in respect of the debt due to the applicant;

the date of service of the applicant’s earnings arrestment or current maintenance arrestment schedule;

the reason for that arrestment not coming into effect or ceasing to have effect;

the information required by the applicant and which he alleges has not been provided by the employer; and

any competent crave for expenses.

fix a date for a hearing;

obtain from the sheriff a warrant for intimation;

intimate the application and warrant to the applicant and the employer; and

complete a certificate of intimation.

the name and address of the applicant, the debtor, the employer and any person residing in the United Kingdom to whom payment is to be made in respect of the applicant’s debt;

the date of the conjoined arrestment order;

such information relating to the debt due to the applicant as would require to be specified in an earnings arrestment schedule or, as the case may be, a current maintenance arrestment schedule; and

the expenses of the application.

intimate the application together with a form of notice and response in form 50 to the debtor and any creditor whose debt is being enforced under the conjoined arrestment order; and

complete a certificate of intimation.

a copy of the conjoined arrestment order as varied; and

a notice in form 51.

in the case of service on the employer, shall be effected by an officer of court on payment of his fee by the applicant; and

in any other case of service on a person within the United Kingdom, shall be by ordinary first class post.

under section 63(7) of the Act, shall be in form 52; or

under section 63(8) of the Act, shall be in form 53.

the date of the conjoined arrestment order and any variation of it and the date of service of it on the employer;

the name and address of the debtor, the employer and the sheriff clerk; and

the name and address of the applicant, the debtor, the creditors whose debts are being enforced by the conjoined arrestment order, the employer and the sheriff clerk;

the date of the conjoined arrestment order and the court which made the order;

the subject matter of the dispute;

the order sought, including details of any sum for which reimbursement or repayment is sought;

any claim for interest and the date from which such interest shall run; and

any competent crave for expenses.

fix a date for a hearing;

obtain from the sheriff a warrant for intimation;

intimate the application and warrant to the applicant and, as appropriate, the debtor, the creditors whose debts are being enforced by the conjoined arrestment order and the employer; and

complete the certificate of intimation.

the name and address of the debtor and creditor;

the date of the conjoined arrestment order and the court which made the order;

whether, in the case of an ordinary debt, the debt has been paid, otherwise extinguished or has ceased to be enforceable by diligence and also why and from what date;

whether, in the case of current maintenance, the obligation to pay maintenance has ceased or has ceased to be enforceable by diligence and if so why and from what date;

the calculation showing the sum alleged to have been received by the creditor in excess of entitlement;

the sum sought from the creditor;

the applicant’s grounds for seeking such sum;

any competent crave for expenses.

fix a date for a hearing;

obtain from the sheriff a warrant for intimation;

intimate the application and warrant to the applicant and the creditor; and

complete a certificate of intimation.

the name and address of the debtor, the creditors whose debts are being enforced under the conjoined arrestment order, the person on whom a copy of the order or an order varying the order was served under section 60(7) or 62(6) of the Act, any trustee in the debtor’s sequestration and the sheriff clerk to whom payment is made under the order;

the date of the conjoined arrestment order and the court which made the order;

if appropriate, that the conjoined arrestment order is invalid and why it is claimed to be invalid;

if appropriate, that all ordinary debts enforced by the order have been paid or otherwise extinguished or have ceased to be enforceable and in each case when and how this occurred;

if appropriate, that all obligations to pay current maintenance enforced by the order have ceased or have ceased to be enforceable by diligence and in either case when and how this occurred;

if appropriate, that the debtor’s estate has been sequestrated and when this occurred;

the order sought and any consequential order; and

any competent crave for expenses.

fix a date for a hearing;

obtain from the sheriff a warrant for intimation;

intimate the application and warrant to the applicant and, as appropriate, the debtor, the creditors whose debts are being enforced under the order, the person on whom a copy of the order or an order varying the order was served under section 60(7) or 62(6) of the Act and the interim, or permanent, trustee in the debtor’s sequestration; and

complete a certificate of intimation.

the names and addresses of the applicants and the debtors; and

the date of the conjoined arrestment order and the court which made the order;

the reasons for the application; and

any consequential order sought.

the name and address of the debtor, the employer, the creditors whose debts are being enforced by the conjoined arrestment order and the sheriff clerk;

the date of the conjoined arrestment order and the court which made the order;

if appropriate, that any ordinary debt being enforced by the order has been paid, otherwise extinguished or has ceased to be enforceable by diligence and in each case when and how this occurred;

if appropriate, that an order or decree varying, superseding or recalling any maintenance order has come into effect and when and by whom the order or decree was granted;

if appropriate, that an obligation to pay maintenance has ceased or has ceased to be enforceable in Scotland and in either case when or how this occurred;

the order sought; and

any competent crave for expenses.

fix a date for a hearing;

obtain from the sheriff a warrant for intimation;

intimate the application and warrant to the applicant and, as appropriate, to the debtor, the creditors whose debts are being enforced by the conjoined arrestment order and the employer; and

complete a certificate of intimation.

in the case of service on the employer, shall be effected by an officer of court on payment of his fee by the applicant; and

in any other case of service on a person within the United Kingdom, shall be by ordinary first class post.

a copy of the conjoined arrestment order as varied; and

a notice in form 59.

arrears of rates under section 247 of the Local Government (Scotland) Act 194710; or

arrears of community charge under paragraph 7 of Schedule 2 to the Abolition of Domestic Rates Etc. (Scotland) Act 198711,

any tax in accordance with section 63 of the Taxes Management Act 197012 or of earnings-related contributions under that section as read with regulation 28 of the Income Tax (Employments) Regulations 197313;

car tax in accordance with paragraph 3(3) of Schedule 1 to the Car Tax Act 198314; or

value added tax in accordance with the Value Added Tax Act 198315,

be made by note of appeal written by the appellant on the written record containing the order appealed against or on a separate sheet lodged with the sheriff clerk;

be as nearly as may be in the following terms—

be signed by the appellant or his representative and bear the date on which it is signed; and

where appeal is made to the Court of Session, bear the name and address of the solicitors in Edinburgh who will be acting for the appellant.