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Royal arms

Debt Arrangement and Attachment (Scotland) Act 2002

2002 asp 17

CONTENTS

  1. Part 1

    The debt arrangement scheme

    1. 1. Debt arrangement scheme

    2. 2. Debt payment programmes

    3. 3. Money advice

    4. 4. Effect of debt payment programmes

    5. 5. Variation of debt payment programmes

    6. 6. Deduction from earnings

    7. 7. Debt payment programmes: power to make further provision

    8. 8. Functions of the Scottish Ministers

    9. 9. Interpretation of Part

  2. Part 2

    Attachment

    1. Attachment

      1. 10. Attachment

      2. 11. Articles exempt from attachment

      3. 12. Times when attachment is not competent

      4. 13. Presumption of ownership

    2. Attachment of articles kept outwith dwellinghouses etc.

      1. 14. Procedure for attachment of articles kept outwith dwellinghouses etc.

      2. 15. Power of entry and valuation

      3. 16. Attachment of mobile homes

      4. 17. Report of attachment

      5. 18. Redemption

      6. 19. Removal and auction of attached articles

    3. Attachment: further procedure

      1. 20. Order for security of articles or sale of articles which are perishable etc.

      2. 21. Unlawful acts after attachment

      3. 22. Release of vehicle from attachment

      4. 23. Appeals against valuation

      5. 24. Duration of attachment

      6. 25. Second attachment at same place

      7. 26. Invalidity and cessation of attachment

    4. Auction of attached articles

      1. 27. Notice of public auction

      2. 28. Alteration of arrangements for removal or auction

      3. 29. Cancellation of auctions

      4. 30. Auction

      5. 31. Disposal of proceeds of auction

      6. 32. Report of auction

      7. 33. Audit of report of auction

    5. General and miscellaneous provisions

      1. 34. Articles belonging to a third party

      2. 35. Articles in common ownership

      3. 36. Procedure where articles in common ownership are sold at auction

      4. 37. Attachment terminated by payment or tender of full amount owing

      5. 38. Assistance to debtor

      6. 39. Expenses chargeable in relation to attachment etc.

      7. 40. Recovery from debtor of expenses of attachment

      8. 41. Ascription of sums recovered by attachment or while attachment is in effect

      9. 42. Restriction on fees payable by debtor

      10. 43. Power to provide for lay representation

      11. 44. Legal aid

      12. 45. Interpretation of this Part and Parts 3 and 4

  3. Part 3

    Attachment of articles kept in dwellinghouses: special procedure

    1. 46. Restriction on attachment of articles kept in dwellinghouses

    2. 47. Exceptional attachment order

    3. 48. Exceptional circumstances

    4. 49. Power of entry

    5. 50. Unlawful acts before attachment

    6. 51. Valuation

    7. 52. Articles with sentimental value

    8. 53. Removal of articles attached in dwellinghouse

    9. 54. Professional valuation

    10. 55. Release of articles from attachment

    11. 56. Redemption

    12. 57. Appeals

  4. Part 4

    Abolition of poindings and warrant sales

    1. 58. Abolition of poindings and warrant sales

    2. 59. Savings

  5. Part 5

    Miscellaneous and general

    1. 60. Application of this Act to sequestration for rent and arrestment

    2. 61. Minor and consequential amendments and repeals

    3. 62. Regulations and orders

    4. 63. Crown application

    5. 64. Short title and commencement

    1. Schedule 1

      Expenses of attachment etc.

    2. Schedule 2

      Non-essential assets

    3. Schedule 3

      Minor and consequential amendments and repeals

      1. Part 1

        Acts

      2. Part 2

        Subordinate legislation

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 13th November 2002 and received Royal Assent on 17th December 2002

An Act of the Scottish Parliament to provide a scheme under which individuals may arrange for their debts to be paid under payment programmes; to create a new diligence in relation to corporeal moveable property owned by a debtor; to make special provision for the use of that diligence in relation to property kept in dwellinghouses; to abolish poindings and warrant sales; and for connected purposes.

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