Debt Arrangement and Attachment (Scotland) Act 2002 - Explanatory Notes

1. Introduction

2. The Act

   1. Part 1 – the Debt Arrangement Scheme

      1. Section 1 – Debt arrangement scheme

      2. Section 2 – Debt payment programmes

      3. Section 3 – Money advice

      4. Section 4 – Effect of debt payment programmes

      5. Section 5 – Variation of debt payment programmes

      6. Section 6 – Deduction from earnings

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

      8. Section 8 – Functions of the Scottish Ministers

      9. Section 9 – Interpretation of Part

   2. Part 2 – Attachment

      1. Attachment

         1. Section 10 – Attachment

         2. Section 11 – Articles exempt from attachment

         3. Section 12 – Times when articles may not be attached

         4. Section 13 – Presumption of ownership

      2. Attachment of articles kept outwith dwellinghouses

         1. Section 14 – Procedure for attachment of articles kept outwith dwellinghouses

         2. Section 15 – Power of entry and valuation

         3. Section 16 – Attachment of mobile homes

         4. Section 17 – Report of attachment

         5. Section 18 – Redemption

         6. Section 19 – Removal and auction of attached articles

         7. Section 20 – Order for security of articles or sale of articles which are perishable

         8. Section 21 – Unlawful acts after attachment

         9. Section 22 – Release of vehicle from attachment

         10. Section 23 - Appeals against valuation

         11. Section 24 – Duration of attachment

         12. Section 25 – Second attachment at same place

         13. Section 26 – Invalidity and cessation of attachment

      3. Auction of attached articles

         1. Section 27 – Notice of public auction.

         2. Section 28 – Alteration of arrangements for removal or auction

         3. Section 29– Cancellation of auctions

         4. Section 30 – Auction

         5. Section 31 – Disposal of proceeds of auction

         6. Section 32 – Report of auction

         7. Section 33 – Audit of report of auction

      4. General and miscellaneous provisions

         1. Section 34– Articles belonging to a third party

         2. Section 35 – Articles in common ownership

         3. Section 37 – Attachment terminated by payment or tender of full amount owing

         4. Section 38 – Assistance to debtor

         5. Section 39 – Expenses chargeable in relation to attachment

         6. Section 40 – Recovery from debtor of expenses of attachment

         7. Section 41 – Ascription of sums recovered by attachment or while attachment is in effect

         8. Section 42 – Restriction on fees payable by debtor

         9. Section 43 – Power to provide for lay representation

         10. Section 44  – Legal aid

         11. Section 45 – Interpretation of this Part and Parts 3 and 4

   3. Part 3 – Attachment of Articles Kept in Dwellinghouses: Special Procedure

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

      2. Section 47 – Exceptional attachment order

      3. Section 48 – Exceptional circumstances

      4. Section 49 – Power of entry

      5. Section 50 – Unlawful acts before attachment

      6. Section 51 - Valuation

      7. Section 52 – Articles with sentimental value

      8. Section 53 – Removal of articles attached in dwellinghouse

      9. Section 54 - Professional valuation

      10. Section 55 - Release of articles from attachment

      11. Section 56 – Redemption

      12. Section 57 – Appeals

   4. Part 4 – Abolition of Poindings and Warrant Sale

      1. Section 58 – Abolition of poindings and warrant sales

      2. Section 59 – Savings

   5. Part 5 – Miscellaneous and General

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

      2. Section 61 – Minor and consequential amendments and repeals

      3. Section 62 – Regulations and orders

      4. Section 63 – Crown application

      5. Section 64 – Short title and commencement

   6. Schedule 1 – Expenses of attachment Etc

   7. Schedule 2 – Non-essential assets

   8. Schedule 3 – Minor and consequential amendments and repeals

      1. Debt Arrangement and Attachment (Scotland) Act 2002