Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) (Amendment) 1991

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

2.  –

(1) The Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988((1)) shall be amended in accordance with the following sub-paragraphs.

(2) For rule 45, substitute the following rule:–

“Notice to debtor prior to service of current maintenance arrestment

45.— (1) Intimation to a debtor under a maintenance order required by section 54(1)(a) of the Act prior to service of a current maintenance arrestment shall be given by intimating to him a notice in form 37 together with a copy of the relevant maintenance order.

(2) The notice referred to in paragraph (1) of this rule shall contain–

(a) the name and address of the creditor and of the debtor;

(b) details of the making, registration or confirmation of the maintenance order;

(c) guidance as to the manner in which payment may be made; and

(d) a statement of the consequences of failure to comply with the maintenance order.

(3) Intimation in accordance with this rule shall–

(a) where the debtor resides in the United Kingdom, be by recorded delivery post; and

(b) where the debtor resides outside the United Kingdom, be by any competent method of service appropriate to that place.

(4) The creditor shall prepare a certificate that intimation has been made in accordance with this rule and shall retain the certificate while the current maintenance arrestment is in force.

(5) Where, in the exercise of his powers under section 24B of the Social Security Act 1986((2)), the Secretary of State seeks to enforce a maintenance order on behalf of a claimant, the following notice shall be appended to form 37:–

• “The Secretary of State for Social Security (“the creditor”) intends to enforce this maintenance order under the powers conferred on him by section 24B of the Social Security Act 1986.”.”.

(3) For form 37, substitute form 37 set out in the Schedule to this Act of Sederunt.

(4) For forms 61, 62 and 63, substitute forms 61, 62 and 63 set out in the Schedule to this Act of Sederunt.

(1)

S.I. 1988/2013.

(2)

1986 c. 50; section 24B was inserted by section 8(1) of the Social Security Act 1990 (c. 27).