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SCHEDULE 5 Paragraph 10(7)

Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the sheriff court rules in consequence of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (“the 2007 Act”).

The provisions in the Ordinary Cause Rules and the Summary Causes Rules which make provision about actions for sequestration for rent are revoked. That diligence is abolished by section 208 of the 2007 Act.

Paragraph 3 makes amendments to Form 2 of the Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988 (application for time to pay orders) to reflect changes made to the Debtor (Scotland) 1987 by the 2007 Act. Paragraph 4 provides that the rules in that Act of Sederunt as they immediately applied before this Act of Sederunt comes into force will continue to apply to applications for time to pay orders made before that date.

Paragraphs 5 to 9 make provision in the Ordinary Cause Rules, Summary Causes Rules, Small Claims Rules and the Rules for Applications in the Sheriff Court under the Debt Arrangement and Attachment (Scotland) Act 2002 in relation to interim diligence. New rules are inserted into the above sets of rules providing as follows:

(a) a form of application for interim diligence;

(b) the effect of authority for inhibition on the dependence;

(c) that applications for recall, restriction or varying etc of arrestment or inhibition are to be made by motion;

(d) that incidental applications in relation to interim diligence are to be made by motion;

(e) a form of schedule of inhibition on the dependence and a form for service of inhibition where the address of the defender is not known;

(f) that references to arrestment on the dependence before service of a initial writ or summons are removed;

(g) that the rules as they applied immediately before the coming into force of this Act of Sederunt will continue to apply to any application for arrestment on the dependence made before that date.

Paragraph 10 makes provision in the Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988 in relation to earnings arrestment including the insertion of a new rule making provision for an application by a creditor under section 70B of the 1987 Act (failure of employer to give notice under section 70A(5)) and making various consequential amendments to Forms 30, 34 and 45.