SCHEDULE 2ENFORCEMENT OF INTERNATIONAL MAINTENANCE ORDERS – DRIVING DISQUALIFICATION ORDERS
Application for a driving disqualification order – Scotland
4.
(1)
In Scotland, the creditor may, by summary application, apply to the court for a driving disqualification order where the conditions mentioned in sub-paragraphs (2), (3) and (4) are met.
(2)
The first condition is that arrears have arisen under the maintenance decision.
(3)
The second condition is that—
(a)
a diligence against earnings listed in section 46(1) of the Debtors (Scotland) Act 1987 has been executed or made under Part 3 of that Act to secure the payment of sums due under the maintenance decision and it has proved ineffective as a means of securing that payments are made in accordance with the maintenance decision; or
(b)
such diligence against earnings is inappropriate because the debtor is unemployed or otherwise has no earnings which could be the subject of a diligence against earnings.
(4)
The third condition is that the creditor has sought to recover the arrears by—
(a)
an attachment;
(b)
an arrestment; or
(c)
an inhibition,
and the arrears or any portion of them remain unpaid or the debtor has no assets in Scotland which are susceptible to the methods of enforcement mentioned in this sub-paragraph.