Debtors (Scotland) Act 1987
Debtors (Scotland) Act 1987 (1987 c. 18)
- Debtors (Scotland) Act 1987 (1987 c. 18)
- PART I EXTENSION OF TIME TO PAY DEBTS
- Time to pay directions on granting decree
- 1 Time to pay directions.
- 2 Effect of time to pay direction on diligence.
- 3 Variation and recall of time to pay direction and arrestment.
- 4 Lapse of time to pay direction.
- Time to pay orders following charge or diligence
- 5 Time to pay orders.
- 6 Application for time to pay order.
- 7 Disposal of application.
- 8 Effect of interim order on diligence.
- 9 Effect of time to pay order on diligence.
- 10 Variation and recall of time to pay order and arrestment.
- 11 Lapse of time to pay order.
- Miscellaneous
- 12 Sequestration and insolvency.
- 13 Saving of creditor’s rights and remedies.
- 14 Circumstances where direction or order not competent or no longer effective.
- 15 Interpretation of Part I.
- Part 1A Diligence on the dependence
- Availability of diligence on the dependence
- 15A Diligence on the dependence of action
- 15B Diligence on the dependence of petition
- 15C Diligence on the dependence to secure future or contingent debts
- Application for diligence on the dependence
- 15D Application for diligence on the dependence
- 15E Grant of warrant without a hearing
- 15F Hearing on application
- Execution before service
- 15G Execution of diligence before service of summons
- Restriction on property attached
- 15H Sum attached by arrestment on dependence
- 15J Property affected by inhibition on dependence
- Recall etc. of diligence on the dependence.
- 15K Recall or restriction of diligence on dependence
- 15L Variation of orders and variation or recall of conditions
- General and miscellaneous
- 15M Expenses of diligence on the dependence
- 15N Application of this Part to admiralty actions
- PART II POINDINGS AND WARRANT SALES
- Poinding
- 16 Articles exempt from poinding.
- 17 Restrictions on times when poinding may be executed.
- 18 Power of entry for execution of poinding.
- 19 Value of articles which may be poinded and presumption as to ownership.
- 20 Poinding procedure.
- 21 Poinding procedure - further provisions.
- 22 Report of execution of poinding.
- 23 Release of poinded article on ground of undue harshness.
- 24 Invalidity, cessation and recall of poinding.
- 25 Second poinding in same premises.
- 26 Sist of proceedings in poinding of mobile homes.
- 27 Duration of poinding.
- Removal, damage or destruction of poinded articles
- 28 Removal of poinded articles.
- 29 Unlawful acts relating to poinded articles.
- Warrant sales
- 30 Application for warrant of sale.
- 31 Provisions of warrant of sale.
- 32 Location of sale.
- 33 Release or redemption of poinded articles after warrant.
- 34 Intimation and publication of sale.
- 35 Alteration of arrangements for sale.
- 36 Payment agreements after warrant of sale.
- 37 The warrant sale.
- 38 Disposal of proceeds of sale.
- 39 Report of warrant sale.
- Articles belonging to third parties or in common ownership
- 40 Release from poinding of articles belonging to third party.
- 41 Poinding and sale of articles in common ownership.
- Supplementary
- 42 Certain proceedings under Part II to postpone further steps in the diligence.
- 43 Conjoining of further poinding with original poinding.
- 44 Expenses of poinding and sale.
- 45 Interpretation of Part II.
- PART III DILIGENCE AGAINST EARNINGS
- Introduction
- 46 New diligences against earnings.
- Earnings arrestments
- 47 General effect of earnings arrestment.
- 48 Debt recoverable by earnings arrestment.
- 49 Deductions from net earnings to be made by employer.
- 49A Deductions where net earnings include holiday pay
- 50 Review of earnings arrestment.
- Current maintenance arrestments
- 51 General effect of current maintenance arrestment.
- 52 Enforcement of 2 or more obligations to pay maintenance.
- 53 Deductions from net earnings to be made by employer.
- 54 Current maintenance arrestment to be preceded by default.
- 55 Review and termination of current maintenance arrestment.
- 56 Effect of new maintenance order on current maintenance arrestment.
- General
- 57 Failure to comply with arrestment, manner of payment and creditor’s duty when arrestment ceases to have effect.
- 58 Simultaneous operation of earnings and current maintenance arrestment.
- 59 Priority among arrestments.
- Conjoined arrestment orders
- 60 Conjoined arrestment orders: general provision.
- 61 Amount recoverable under conjoined arrestment order.
- 62 Relationship of conjoined arrestment order with earnings and current maintenance arrestments.
- 63 Sum payable by employer under conjoined arrestment order.
- 64 Disbursement by sheriff clerk of sums received from employer.
- 65 Operation of conjoined arrestment order.
- 66 Recall and variation of conjoined arrestment order.
- Supplementary provisions
- 67 Equalisation of diligences not to apply.
- 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 69 Restriction on liability of employer in operating diligence against earnings.
- 70 Execution and intimation of copies.
- 70A Employer's duty to provide information
- 70B Failure to give notice under section 70A(5)
- 70C Creditor's duty to provide information
- 70D Debtor's duty to provide information
- 71 Employer’s fee for operating diligence against earnings.
- 72 Effect of sequestration on diligence against earnings.
- 73 Interpretation of Part III.
- Part 3A Arrestment and action of furthcoming
- 73A Arrestment and action of furthcoming to proceed only on decree or document of debt
- 73B Schedule of arrestment to be in prescribed form
- 73C Arrestment on the dependence followed by decree
- 73D Debt advice and information
- 73E Funds attached
- 73F Protection of minimum balance in certain bank accounts
- 73G Arrestee's duty of disclosure
- 73H Failure to disclose information
- 73J Automatic release of arrested funds
- 73K Sum released under section 73J(2)
- 73L Circumstances preventing automatic release
- 73M Notice of objection
- 73N Hearings following notice of objection
- 73P Arrestee not liable for funds released in good faith
- 73Q Application for release of property where arrestment unduly harsh
- 73R Hearing on application under section 73Q for release of property
- 73S Mandate to be in prescribed form
- 73T Arrestment of ships etc.
- PART IV RECOVERY OF RATES AND TAXES ETC.
- 74 Recovery of rates and taxes etc.
- PART V MESSENGERS-AT-ARMS AND SHERIFF OFFICERS
- 75 Regulation of organisation, training, conduct and procedure.
- 76 Advisory Council.
- 77 Appointment of messenger-at-arms.
- ... Inspection of work.
- 79 Investigation of alleged misconduct.
- 80 Courts’ powers in relation to offences or misconduct.
- 81 Provisions supplementary to section 80.
- 82 Appeals from decisions under sections 77, 79 and 80.
- 83 Service of charge and execution of diligence or warrant void where officer of court has interest.
- 84 Collection of statistics from officers of court.
- 85 Measure of damages payable by officer of court for negligence or other fault.
- 86 Official identity card.
- 86A Electronic communications
- PART VI WARRANTS FOR DILIGENCE AND CHARGES FOR PAYMENT
- 87 Effect of warrants for diligence in extract decrees and other documents.
- 88 Warrants for diligence: special cases.
- 89 Abolition of letters of horning, horning and poinding, poinding, and caption.
- 90 Provisions relating to charges for payment.
- 91 Enforcement of certain warrants and precepts of sheriff anywhere in Scotland.
- PART VII MISCELLANEOUS AND GENERAL
- 92 General provision relating to liability for expenses in court proceedings.
- 93 Recovery from debtor of expenses of certain diligences.
- 94 Ascription of sums recovered by diligence or while diligence is in effect.
- 95 Certain diligences terminated by payment or tender of full amount owing.
- 95A Prescription of arrestment
- 96 Provisions to assist debtor in proceedings under Act.
- 99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 102 Procedure in diligence proceeding on extract of registered document etc.
- 103 Appeals.
- 104 Regulations.
- 105 Application to Crown.
- 106 Interpretation.
- 107 Financial provisions.
- 108 Minor and consequential amendments, transitional provisions and repeals.
- 109 Short title, commencement and extent.
- SCHEDULES
- SCHEDULE 1 EXPENSES OF POINDING AND SALE
- Expenses chargeable against the debtor
- Circumstances where liability for expenses is at the discretion of the sheriff
- Calculation of amount chargeable against debtor under the foregoing provisions
- Circumstances where no expenses are due to or by either party
- Supplementary
- SCHEDULE 2 ARRESTMENT
- SCHEDULE 3 DISBURSEMENTS BY SHERIFF CLERKS UNDER CONJOINED ARRESTMENT ORDER
- SCHEDULE 4 RECOVERY OF RATES AND TAXES ETC.
- The Local Government (Scotland) Act 1947 (c. 43.)
- The Taxes Management Act 1970 (c. 9.)
- The Car Tax Act 1983 (c. 53.)
- The Value Added Tax Act 1983 (c. 55.)
- SCHEDULE 5 POINDINGS AND SALES IN PURSUANCE OF SUMMARY WARRANTS
- Articles exempt from poinding
- Restrictions on time when poinding may be executed
- Power of entry for execution of poinding
- Value of articles which may be poinded and presumption as to ownership
- Poinding procedure
- Release of poinded article on ground of undue harshness
- Invalidity, cessation and recall of poinding
- Second poinding in same premises
- Sist of proceedings in poinding of mobile homes
- Duration of poinding
- Removal, damage or destruction of poinded articles
- Arrangements for sale
- Release or redemption of poinded articles
- Intimation and publication of sale
- Alteration of arrangements for sale
- The sale
- Disposal of proceeds of sale
- Report of sale
- Articles belonging to third parties or in common ownership
- Certain proceedings under this Schedule to postpone further steps in the diligence
- Power to enter premises and open shut and lockfast places
- Expenses chargeable against the debtor
- Circumstances where liability for expenses is at the discretion of the sheriff
- Calculation of amount chargeable against debtor under the foregoing provisions
- Circumstances where no expenses are due to or by either party
- Supplementary
- SCHEDULE 6 MINOR AND CONSEQUENTIAL AMENDMENTS
- General amendment
- Specific amendments
- The Bank Notes (Scotland) Act 1765 (c. 49.)
- The Debtors (Scotland) Act 1838 (c. 114.)
- The Harbours, Docks, and Piers Clauses Act 1847 (c. 27.)
- The Lyon King of Arms Act 1867 (c.17)
- The Court of Session Act 1868 (c. 100)
- The Titles to Land Consolidation (Scotland) Act 1868 (c. 101)
- The Debtors (Scotland) Act 1880 (c. 34)
- The Sea Fisheries Act 1883 (c. 22.)
- The Merchant Shipping Act 1894 (c. 60.)
- The Execution of Diligence (Scotland) Act 1926 (c. 16)
- The Sea Fisheries Act 1968 (c. 77.)
- The Prevention of Oil Pollution Act 1971 (c. 60.)
- The Town and Country Planning (Scotland) Act 1972 (c. 52)
- The Consumer Credit Act 1974 (c. 69)
- The Criminal Procedure (Scotland) Act 1975 (c. 21)
- The Crofting Reform (Scotland) Act 1976 (c. 21)
- The Patents Act 1977 (c. 37)
- The Customs and Excise Management Act 1979 (c. 2)
- The Education (Scotland) Act 1980 (c. 44)
- The Betting and Gaming Duties Act 1981 (c. 63)
- The British Fishing Boats Act 1983 (c. 8.)
- The Inshore Fishing (Scotland) Act 1984 (c. 26.)
- The Rent (Scotland) Act 1984 (c. 58.)
- The Bankruptcy (Scotland) Act 1985 (c. 66)
- SCHEDULE 7 TRANSITIONAL PROVISIONS
- SCHEDULE 8 REPEALS
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