Office of Public Sector Information

The Social Security Administration Act 1992 (c. 5)

19 In section 121B of the Social Security Administration Act 1992—

(a) in subsection (1) (diligences which can be used to recover unpaid contributions), after paragraph (a) insert—

“(aa) a money attachment;”; and

(b) in subsection (4) (sheriff officer’s fees and outlays), after “attachment)” insert “and section 196(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (expenses of money attachment)”.

The Local Government Finance Act 1992 (c. 14)

20 (1) Schedule 8 to the Local Government Finance Act 1992 is amended as follows.

(2) In paragraph 2(3) (diligences which can be used to recover council tax etc.), after paragraph (a) insert—

“(aa) a money attachment;”.

(3) In paragraph 4(1) (sheriff officer’s fees and outlays), after “attachment)” insert “and section 196(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (expenses of money attachment)”.

The Tribunals and Inquiries Act 1992 (c. 53)

21 In Part II of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under the supervision of the Scottish Committee of the Council on Tribunals), after paragraph 54A insert—

The Proceeds of Crime (Scotland) Act 1995 (c. 43)

22 In section 32 of the Proceeds of Crime (Scotland) Act (inhibition of property affected by restraint order or by interdict)—

(a) in subsection (1)—

(i) for the words “Lord Advocate, the Court of Session” substitute “prosecutor, the court”;

(ii) in paragraph (a), for the words “Lord Advocate” substitute “prosecutor”; and

(iii) in paragraph (b), for the words from “have” to the end substitute “forthwith be registered by the prosecutor in the Register of Inhibitions.”; and

(b) in subsection (5), for the words “Lord Advocate” substitute “prosecutor”.

The Criminal Procedure (Scotland) Act 1995 (c. 46)

23 In section 221 of the Criminal Procedure (Scotland) Act 1995 (fines: recovery by civil diligence), in subsection (1)(a)—

(a) for “the execution of an arrestment and the attachment of articles belonging to him” insert—

“(i) the execution of an arrestment;

(ii) the attachment of articles belonging to him; and

(iii) the execution of a money attachment,”; and

(b) after “attachment”, where it second occurs, insert “or the money attachment”.

The Finance Act 1997 (c. 16)

24 In section 52 of the Finance Act 1997—

(a) in subsection (2) (diligences which can be used to recover certain taxes), after paragraph (a) insert—

“(aa) a money attachment;”; and

(b) in subsection (3) (sheriff officer’s fees and outlays), after “attachment)” insert “and section 196(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (expenses of money attachment)”.

The Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

25 In schedule 3 to the Ethical Standards in Public Life etc. (Scotland) Act (devolved public bodies), after the entry “Scottish Children’s Reporter Administration”, insert—

“The Scottish Civil Enforcement Commission”.

The Water Industry (Scotland) Act 2002 (asp 3)

26 (1) Schedule 4 to the Water Industry (Scotland) Act 2002 is amended as follows

(2) In paragraph 2(3) (diligences which can be used to recover unpaid charges), after sub-paragraph (za) insert—

“(zb) a money attachment;”.

(3) In paragraph 4(1), at the beginning insert “Without prejudice to section 39(1) of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) (expenses of attachment) and section 196(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (expenses of money attachment),”.

The Scottish Public Services Ombudsman Act 2002 (asp 11)

27 In Part 2 of schedule 2 to the Scottish Public Services Ombudsman Act 2002 (Scottish public authorities), after paragraph 37 insert—

“37A The Scottish Civil Enforcement Commission”.

The Freedom of Information (Scotland) Act 2002 (asp 13)

28 In schedule 1 to the Freedom of Information (Scotland) Act (public authorities within the meaning of section 3), after paragraph 80 insert—

“80A The Scottish Civil Enforcement Commission.”.

The Proceeds of Crime Act 2002 (c. 29)

29 In section 123 of the Proceeds of Crime Act (inhibition of property affected by a restraint order)—

(a) in subsection (1), for the words “Lord Advocate, the Court of Session” substitute “prosecutor, the court”;

(b) in subsection (3)—

(i) in paragraph (a), for the words “Lord Advocate” substitute “prosecutor”; and

(ii) for paragraph (b) substitute—

“(b) must forthwith be registered by the prosecutor in the Register of Inhibitions”; and

(c) in subsection (7) , for the words “Lord Advocate” substitute “prosecutor”.

The Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)

30 (1) The 2002 Act is amended as follows.

(2) In section 10(3) (competence of attachment), for paragraphs (a) and (b) substitute—

“(a) the debtor has been charged to pay the debt;

(b) the period for payment specified in the charge has expired without payment being made; and

(c) where the debtor is an individual, the creditor has, no earlier than 12 weeks before taking any steps to execute the attachment, provided the debtor with a debt advice and information package.”.

(3) In section 11 (articles exempt from attachment)—

(a) in subsection (1), after paragraph (d) insert—

“(e) any money.”; and

(b) after subsection (2) insert—

“(3) In subsection (1)(e) above, “money” has the same meaning as in section 175 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3).”.

(4) After section 13 insert—

“13A Schedule of attachment

(1) The officer must, immediately after executing an attachment, complete a schedule such as is mentioned in subsection (2) below (in this section, the “attachment schedule”).

(2) An attachment schedule—

(a) must be in (or as nearly as may be in) the form prescribed by Act of Sederunt; and

(b) must specify—

(i) the articles attached; and

(ii) their value, so far as ascertainable.

(3) The officer must—

(a) give a copy of the attachment schedule to the debtor; or

(b) where it is not practicable to do so—

(i) give a copy of the schedule to a person present at the place where the attachment was executed; or

(ii) where there is no such person, leave a copy of it at that place.

(4) An attachment is executed on the day on which the officer complies with subsection (3) above.”.

(5) In section 14 (procedure for attachment of articles kept outwith dwellinghouses), for “19” substitute “19A”.

(6) In section 15, the title to that section becomes “Valuation”.

(7) In section 28(1)(b) (restriction on alteration of arrangements for auctions), for “19” substitute “19A”.

(8) In section 32 (report of auction)—

(a) in subsection (2)(a), after sub-paragraph (iii) insert—

“(iiia) any sums paid by the debtor to account of the sum recoverable;”; and

(b) in subsection (4), for the words from “Court” to the end substitute “Scottish Civil Enforcement Commission under section 67(1)(b) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3).”.

(9) In section 33 (audit of report of auction)—

(a) in subsection (7), for the words from “providing” to the end substitute—

“(a) giving—

(i) the debtor;

(ii) the creditor; and

(iii) any third party who claims ownership (whether alone or in common with the debtor) of any attached article,

an opportunity to make representations; or

(b) holding a hearing.”; and

(b) in subsection (8), for “debtor” substitute “persons mentioned in subsection (7)(a) above.”.

(10) In section 34 (articles belonging to third parties), in subsection (1)(b)(ii), for “so satisfied” substitute “satisfied that the claim is valid”.

(11) In section 40 (recovery from debtor of expenses of attachment)—

(a) in subsection (3)—

(i) in paragraph (a), for “9(2)(a), (d) or (e)” substitute “9(2)(d) or (10)(b)”; and

(ii) in paragraph (c), for “presentation of a petition for an administration order” substitute “appointment of an administrator”; and

(b) in subsection (4)(b), for “administration order” substitute “appointment”.

(12) In section 41(2)(a) (ascription of sums recovered by attachment), after sub-paragraph (i) insert—

“(ia) any previous interim attachment the expenses of which are chargeable against and recoverable from the debtor under section 9Q(1)(a) of this Act;”.

(13) In section 45 (interpretation of Parts 2, 3 and 4 of that Act), in the definition of “officer”, for the words from “the” where it first occurs to the end substitute “a judicial officer appointed by a creditor”.

(14) In section 60(2) (application of the Act to sequestration for rent and arrestment) for the words “such a” substitute “the landlord's”.

(15) In schedule 1, in paragraph 1, before “2” insert “1A,”.

The Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)

31 In schedule 2 to the Public Appointments and Public Bodies etc. (Scotland) Act (the specified authorities to which the Commissioner for Public Appointments in Scotland’s code of practice applies), after the entry “Scottish Children’s Reporter Administration”, insert—

“Scottish Civil Enforcement Commission”.

The Finance Act 2003 (c. 14)

32 In paragraph 3(2) of Schedule 12 to the Finance Act 2003 (diligences which can be used to recover stamp duty land tax), after sub-paragraph (a) insert—

“(aa) a money attachment;”.

The Civil Partnership Act 2004 (c. 33)

33 In section 103(6) of the Civil Partnership Act 2004 (warrant to enter premises), for “messenger-at-arms or sheriff officer” substitute “judicial officer”.