Statutory Instrument 1988 No. 2013 (S.192)

      Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988


      © Crown Copyright 1988

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STATUTORY INSTRUMENTS

1988 No. 2013 (S.192)

SHERIFF COURT, SCOTLAND

Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988

Made 16th November 1988
Coming into force 30th November 1988


ARRANGEMENT OF RULES

PART I
INTRODUCTORY
1.  Citation and commencement
2.  Interpretation
PART II
EXTENSION OF TIME TO PAY DEBTS AND RELATED MATTERS
3.  Notice of interest claimed
4.  Applications for variation or recall of time to pay directions or for recall or restriction of arrestments
5.  Applications for time to pay orders
6.  Applications for variation or recall of time to pay orders, poindings, or arrestments
7.  Consumer Credit Act 1974
PART III
POINDINGS AND WARRANT SALES
8.  Applications for releasing poinded articles
9.  Applications for extension of hours of poindings
10.  Access to premises
11.  Poinding schedules
12.  Applications for security of poinded articles
13.  Applications for immediate disposal of poinded articles
14.  Receipts for redemption of poinded articles
15.  Reports of execution of poindings
16.  Release of poinded articles on ground of undue harshness
17.  Invalidity, cessation and recall of poindings
18.  Sist of proceedings in poinding of mobile homes
19.  Applications for extension of period of poindings
20.  Applications for removal of poinded articles
21.  Unauthorised removal of poinded articles
22.  Poinded articles acquired for value without knowledge of poindings
23.  Further poinding in same premises
24.  Damage or destruction of poinded articles
25.  Application for consignation by third party
26.  Application for warrants of sale
27.  Location of sales
28.  Receipts for redemption of poinded articles after application for warrant of sale
29.  Intimation and publication of warrants of sale
30.  Alteration of arrangements for warrant sales
31.  Reports of warrant sales
32.  Modification of sale balance and declaration that poinding and sale void
33.  Retention of reports of sales
34.  Release from poinding or articles belonging to third party
35.  Release from poinding of articles in common ownership
36.  Applications for finding of common ownership of poinded articles
37.  Conjoining of poindings
PART IV
DILIGENCE AGAINST EARNINGS
38.  Earnings arrestment schedules
39.  Intimation of regulations made under section 49(7) of the Act
40.  Applications for orders that earnings arrestments are invalid etc.
41.  Determination of disputes as to operation of earnings arrestment
42.  Current maintenance arrestment schedules
43.  Intimation of regulations made under section 53(3) of the Act
44.  Intimation of changes in small maintenance payments limits
45.  Intimation to debtors prior to service of current maintenance arrestments
46.  Applications for orders that current maintenance arrestments invalid, etc.
47.  Recall of current maintenance arrestments
48.  Determination of disputes as to operation of current maintenance arrestments
49.  Intimation by sheriff clerk where non-Scottish maintenance order ceases to have effect
50.  Intimation by creditor under section 57(4) of the Act
51.  Applications by debtors for payment by creditors
52.  Applications by second creditors for information
53.  Applications for conjoined arrestment orders
54.  Conjoined arrestment orders
55.  Applications by sheriff clerks for warrants for diligence
56.  Applications by creditors for information under Section 62 of the Act
57.  Applications for variation of conjoined arrestment orders
58.  Intimation of changes to calculation of sum payable by employers
59.  Determination of disputes as to operation of conjoined arrestment orders
60.  Applications for payment by creditors to debtors
61.  Recall of conjoined arrestment orders under Section 66(1)(a) of the Act
62.  Recall of conjoined arrestment orders under section 66(1)(b) of the Act
63.  Applications for variation of conjoined arrestment orders
64.  Requests by creditors to cease enforcement of debts by conjoined arrestment orders
65.  Service of sheriff's decision in applications for recall or variation of conjoined arrestment orders
66.  Service by post of arrestments against earnings
67.  Certificates of execution
PART V
WARRANTS FOR DILIGENCE
68.  Summary warrants
69.  Applications by creditors for warrants to enforce acquired rights
PART VI
MISCELLANEOUS
70.  Representation
71.  Powers of sheriff
72.  Appeals
73.  Intimation
74.  Hearings
75.  Dispensing power of sheriff

  SCHEDULE  Forms

 

Explanatory Note


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Prepared 20th September 2000