Application for a driving disqualification order – ScotlandE+W+S
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.