Payments out of property recovered or preserved8
For regulation 32 of the principal Regulations, there shall be substituted the following regulation:–
Payments out of property recovered or preserved: Exceptions32
Section 17(2B) of the Act (which requires the amount of the net liability of the Fund on account of any party to be paid by that party out of any property recovered or preserved for him) shall not apply–
a
in respect of any money payable–
i
under a decree following on an action for aliment within the meaning of the Family Law (Scotland) Act 1985(4);
ii
under an order for the payment of a periodical allowance under section 5 of the Divorce (Scotland) Act 1976(5), or for the making of a periodical allowance under section 8 of the Family Law (Scotland) Act 1985;
iii
iv
under an order made by the Employment Appeal Tribunal within the meaning of section 135 of the Employment Protection (Consolidation) Act 1978(9) or under any settlement arrived at to prevent or bring to an end proceedings in which such an order may be made;
v
vi
by way of aliment or periodical allowance or periodical payment of sums by virtue of any settlement arrived at to prevent or bring to an end proceedings in which such a decree or order as is mentioned in sub-paragraphs (i) to (iii) above may be granted;
vii
by way of any payment made out of the social fund under the Social Security Act 1986;
viii
by way of any housing benefit under the Social Security Act 1986;
b
to the first £2,500 of any money, or of the value of any property, recovered or preserved by virtue of–
i
an order for the payment of a capital sum under section 5 of the Divorce (Scotland) Act 1976; or
ii
an order for payment of a capital sum or transfer of property or an incidental order, under section 8 of the Family Law (Scotland) Act 1985; or
iii
any settlement arrived at to prevent or bring to an end proceedings in which such an order may be granted;
c
in respect of any articles referred to in section 16 of the Debtors (Scotland) Act 1987(13) recovered or preserved from the effects of a grant of warrant sale of poinded goods, or any article released in terms of an order made by the sheriff following application made to him in terms of section 23 of said Act.