Debt Arrangement and Attachment (Scotland) Act 2002
Debt Arrangement and Attachment (Scotland) Act 2002 (2002 asp 17)
- Debt Arrangement and Attachment (Scotland) Act 2002 (2002 asp 17)
- Part 1 The debt arrangement scheme
- 1 Debt arrangement scheme
- 2 Debt payment programmes
- 3 Money advice
- 4 Effect of debt payment programmes
- 5 Variation of debt payment programmes
- 6 Deduction from earnings
- 7 Debt payment programmes: power to make further provision
- 7A Debt payment programmes: power to make provision about debt relief
- 8 Functions of the Scottish Ministers
- 9 Interpretation of Part
- Part 1A Interim attachment
- Interim attachment
- 9A Interim attachment
- 9B Articles exempt from interim attachment
- Application for interim attachment
- 9C Application for warrant for interim attachment
- 9D Grant of warrant without a hearing
- 9E Hearing on application
- Execution of interim attachment
- 9F Execution of interim attachment
- 9G Execution of interim attachment before service
- Interim attachment: further procedure
- 9H Order for security of attached articles
- Interim attachment: effects
- 9J Unlawful acts after interim attachment
- 9K Articles belonging to or owned in common by a third party
- 9L Duration of interim attachment
- Recall etc. of interim attachment
- 9M Recall or restriction of interim attachment
- 9N Variation of orders and variation or recall of conditions
- General and miscellaneous provisions
- 9P Expenses of interim attachment
- 9Q Recovery of expenses of interim attachment
- 9R Ascription of sums recovered while interim attachment is in effect
- 9S Ranking of interim attachment
- Part 2 Attachment
- Attachment
- 10 Attachment
- 11 Articles exempt from attachment
- 12 Times when attachment is not competent
- 13 Presumption of ownership
- 13A Schedule of attachment
- Attachment of articles kept outwith dwellinghouses etc.
- 14 Procedure for attachment of articles kept outwith dwellinghouses etc.
- 15 Valuation
- 16 Attachment of mobile homes
- 17 Report of attachment
- 18 Redemption
- 19 Removal and auction of attached articles
- 19A Urgent removal of attached articles
- Attachment: further procedure
- 20 Order for security of articles or sale of articles which are perishable etc.
- 21 Unlawful acts after attachment
- 22 Release of vehicle from attachment
- 23 Appeals against valuation
- 24 Duration of attachment
- 25 Second attachment at same place
- 26 Invalidity and cessation of attachment
- Auction of attached articles
- 27 Notice of public auction
- 28 Alteration of arrangements for removal or auction
- 29 Cancellation of auctions
- 30 Auction
- 31 Disposal of proceeds of auction
- 32 Report of auction
- 33 Audit of report of auction
- General and miscellaneous provisions
- 34 Articles belonging to a third party
- 35 Articles in common ownership
- 36 Procedure where articles in common ownership are sold at auction
- 37 Attachment terminated by payment or tender of full amount owing
- 38 Assistance to debtor
- 39 Expenses chargeable in relation to attachment etc.
- 40 Recovery from debtor of expenses of attachment
- 41 Ascription of sums recovered by attachment or while attachment is in effect
- 42 Restriction on fees payable by debtor
- 43 Power to provide for lay representation
- 44 Legal aid
- 45 Interpretation of this Part and Parts 3 and 4
- Part 3 Attachment of articles kept in dwellinghouses: special procedure
- 46 Restriction on attachment of articles kept in dwellinghouses
- 47 Exceptional attachment order
- 48 Exceptional circumstances
- 49 Power of entry
- 50 Unlawful acts before attachment
- 51 Valuation
- 52 Articles with sentimental value
- 53 Removal of articles attached in dwellinghouse
- 54 Professional valuation
- 55 Release of articles from attachment
- 56 Redemption
- 57 Appeals
- Part 4 Abolition of poindings and warrant sales
- 58 Abolition of poindings and warrant sales
- 59 Savings
- Part 5 Miscellaneous and general
- 60 Application of this Act to sequestration for rent and arrestment
- 60A Electronic signatures
- 61 Minor and consequential amendments and repeals
- 62 Regulations and orders
- 63 Crown application
- 64 Short title and commencement
- 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
- Part 1 Acts
- Companies Clauses Consolidation (Scotland) Act 1845 (c.17)
- Lands Clauses Consolidation (Scotland) Act 1845 (c.19)
- Railway Clauses Consolidation (Scotland) Act 1845 (c.33)
- Markets and Fairs Clauses Act 1847 (c.14)
- Harbours, Docks and Piers Clauses Act 1847 (c.27)
- Entail Amendment Act 1853 (c.94)
- Writs Execution (Scotland) Act 1877 (c.40)
- Sheriff Courts (Scotland) Extracts Act 1892 (c.17)
- Public Health (Scotland) Act 1897 (c.38)
- Local Government (Scotland) Act 1947 (c.43)
- Taxes Management Act 1970 (c.9)
- Water (Scotland) Act 1980 (c.45)
- Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c.59)
- Car Tax Act 1983 (c.53)
- Bankruptcy (Scotland) Act 1985 (c.66)
- Gas Act 1986 (c.44)
- Debtors (Scotland) Act 1987 (c.18)
- Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c.47)
- Income and Corporation Taxes Act 1988 (c.1)
- Child Support Act 1991 (c.48)
- Social Security Administration Act 1992 (c.5)
- Local Government Finance Act 1992 (c.14)
- Local Government etc. (Scotland) Act 1994 (c.39);
- Proceeds of Crime (Scotland) Act 1995 (c.43)
- Criminal Procedure (Scotland) Act 1995 (c.46)
- Finance Act 1997 (c.16)
- Abolition of Poindings and Warrant Sales Act 2001 (asp 1)
- Water Industry (Scotland) Act 2002 (asp 3)
- Proceeds of Crime Act 2002 (c.29)
- Part 2 Subordinate legislation
- Stamp Duty Reserve Tax Regulations 1986 (S.I. 1986/1711)
- Confiscation of the Proceeds of Drug Trafficking (Designated Countries and Territories) (Scotland) Order 1991 (S.I. 1991/1467)
- Merchant Shipping (Ministry of Defence Commercially Managed Ships) Order 1992 (S.I. 1992/1293)
- Merchant Shipping (Ministry of Defence Yachts) Order 1992 (S.I. 1992/1294)
- Insurance Premium Tax Regulations 1994 (S.I. 1994/1774)
- Lloyd’s Underwriters (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) Regulations 1995 (S.I. 1995/3225)
- Landfill Tax Regulations 1996 (S.I. 1996/1527)
- Stamp Duty (Collection and Recovery of Penalties) Regulations 1999 (S.I. 1999/2537)
- Civil Legal Aid (Scotland) Regulations 2002 (S.S.I. 2002/494)