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Revised Statute from The UK Statute Law Database

Debtors (Scotland) Act 1987 (c. 18)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2002, 2003, 2004, 2005, 2006, 2007, 2008 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Debtors (Scotland) Act 1987

1987 CHAPTER 18

Contents

Go to Preamble

  1. PART I

    EXTENSION OF TIME TO PAY DEBTS

    1. Time to pay directions on granting decree

      1. 1. Time to pay directions

      2. 2. Effect of time to pay direction on diligence

      3. 3. Variation and recall of time to pay direction and arrestment

      4. 4. Lapse of time to pay direction

    2. Time to pay orders following charge or diligence

      1. 5. Time to pay orders

      2. 6. Application for time to pay order

      3. 7. Disposal of application

      4. 8. Effect of interim order on diligence

      5. 9. Effect of time to pay order on diligence

      6. 10. Variation and recall of time to pay order and arrestment

      7. 11. Lapse of time to pay order

    3. Miscellaneous

      1. 12. Sequestration and insolvency

      2. 13. Saving of creditor’s rights and remedies

      3. 14. Circumstances where direction or order not competent or no longer effective

      4. 15. Interpretation of Part I

  2. PART II

    POINDINGS AND WARRANT SALES

  3. PART III

    DILIGENCE AGAINST EARNINGS

    1. Introduction

      1. 46. New diligences against earnings

    2. Earnings arrestments

      1. 47. General effect of earnings arrestment

      2. 48. Debt recoverable by earnings arrestment

      3. 49. Deductions from net earnings to be made by employer

      4. 50. Review of earnings arrestment

    3. Current maintenance arrestments

      1. 51. General effect of current maintenance arrestment

      2. 52. Enforcement of 2 or more obligations to pay maintenance

      3. 53. Deductions from net earnings to be made by employer

      4. 54. Current maintenance arrestment to be preceded by default

      5. 55. Review and termination of current maintenance arrestment

      6. 56. Effect of new maintenance order on current maintenance arrestment

    4. General

      1. 57. Failure to comply with arrestment, manner of payment and creditor’s duty when arrestment ceases to have effect

      2. 58. Simultaneous operation of earnings and current maintenance arrestment

      3. 59. Priority among arrestments

    5. Conjoined arrestment orders

      1. 60. Conjoined arrestment orders: general provision

      2. 61. Amount recoverable under conjoined arrestment order

      3. 62. Relationship of conjoined arrestment order with earnings and current maintenance arrestments

      4. 63. Sum payable by employer under conjoined arrestment order

      5. 64. Disbursement by sheriff clerk of sums received from employer

      6. 65. Operation of conjoined arrestment order

      7. 66. Recall and variation of conjoined arrestment order

    6. Supplementary provisions

      1. 67. Equalisation of diligences not to apply

      2. 68. Diversion of arrested earnings to Secretary of State (S)

      3. 68.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (S)

      4. 69. Restriction on liability of employer in operating diligence against earnings

      5. 70. Execution and intimation of copies

      6. 71. Employer’s fee for operating diligence against earnings

      7. 72. Effect of sequestration on diligence against earnings

      8. 73. Interpretation of Part III

  4. PART IV

    RECOVERY OF RATES AND TAXES ETC

    1. 74. Recovery of rates and taxes etc

  5. PART V

    MESSENGERS-AT-ARMS AND SHERIFF OFFICERS

    1. 75. Regulation of organisation, training, conduct and procedure

    2. 76. Advisory Council

    3. 77. Appointment of messenger-at-arms

    4. 78. Inspection of work

    5. 79. Investigation of alleged misconduct

    6. 80. Courts’ powers in relation to offences or misconduct

    7. 81. Provisions supplementary to section 80

    8. 82. Appeals from decisions under sections 79(5) and 80

    9. 83. Service of charge and execution of diligence or warrant void where officer of court has interest

    10. 84. Collection of statistics from officers of court

    11. 85. Measure of damages payable by officer of court for negligence or other fault

    12. 86. Official identity card

  6. PART VI

    WARRANTS FOR DILIGENCE AND CHARGES FOR PAYMENT

    1. 87. Effect of warrants for diligence in extract decrees and other documents

    2. 88. Warrants for diligence: special cases

    3. 89. Abolition of letters of horning, horning and poinding, poinding, and caption

    4. 90. Provisions relating to charges for payment

    5. 91. Enforcement of certain warrants and precepts of sheriff anywhere in Scotland

  7. PART VII

    MISCELLANEOUS AND GENERAL

    1. 92. General provision relating to liability for expenses in court proceedings

    2. 93. Recovery from debtor of expenses of certain diligences

    3. 94. Ascription of sums recovered by diligence or while diligence is in effect

    4. 95. Certain diligences terminated by payment or tender of full amount owing

    5. 96. Provisions to assist debtor in proceedings under Act

    6. 97.

    7. 98.

    8. 99.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    9. 100.

    10. 101.

    11. 102. Procedure in diligence proceeding on extract of registered document etc

    12. 103. Appeals

    13. 104. Regulations

    14. 105. Application to Crown

    15. 106. Interpretation

    16. 107. Financial provisions

    17. 108. Minor and consequential amendments, transitional provisions and repeals

    18. 109. Short title, commencement and extent

  8. SCHEDULE 1

    EXPENSES OF POINDING AND SALE

  9. SCHEDULE 2

    ARRESTMENT

  10. SCHEDULE 3

    DISBURSEMENTS BY SHERIFF CLERKS UNDER CONJOINED ARRESTMENT ORDER

  11. SCHEDULE 4

    RECOVERY OF RATES AND TAXES ETC

  12. SCHEDULE 5

    POINDINGS AND SALES IN PURSUANCE OF SUMMARY WARRANTS

  13. SCHEDULE 6

    MINOR AND CONSEQUENTIAL AMENDMENTS

  14. SCHEDULE 7

    TRANSITIONAL PROVISIONS

  15. SCHEDULE 8

    REPEALS

An Act to make new provision with regard to Scotland for an extension of time for payment of debts; to amend the law relating to certain diligences; to make provision in respect of messengers-at-arms and sheriff officers; and for connected purposes.

[15th May 1987]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Modifications etc. (not altering text)

C1Act : transfer of functions (19.5.1999), by S.I. 1999/678, art. 2(1), Sch. (with arts. 3, 7)

C2Act excluded (25.4.1991) by Companies Act 1989 (c. 40, SIF 27), ss. 154, 155, 161(4), 213(2)

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