Search Legislation

Debt Arrangement and Attachment (Scotland) Act 2002

Status:

This is the original version (as it was originally enacted).

SCHEDULE 2Non-essential assets

(introduced by section 45)

This schedule has no associated Explanatory Notes

1For the purposes of Part 3 of this Act, “non-essential assets” are, subject to paragraph 2 below, corporeal moveable property of the debtor’s which is kept in a dwellinghouse.

2None of the following is a non-essential asset for the purposes of Part 3 of this Act—

(a)an article specified in paragraph 3 below;

(b)an article described in paragraph 4 below; and

(c)an article the attachment of which is (by virtue of section 11(1) above or otherwise) incompetent.

3The articles referred to in paragraph 2(a) above are—

(a)clothing reasonably required for the use of the debtor or any member of the debtor’s household;

(b)implements, tools of trade, books or other equipment reasonably required for the use of any member of the debtor’s household in the practice of such member’s profession, trade or business, not exceeding in aggregate value £1,000 or such other amount as may be prescribed in regulations made by the Scottish Ministers;

(c)medical aids or medical equipment reasonably required for the use of the debtor or any member of the debtor’s household;

(d)books or other articles reasonably required for the education or training of the debtor or any member of the debtor’s household not exceeding in aggregate value £1,000 or such other amount as may be prescribed in regulations made by the Scottish Ministers;

(e)articles reasonably required for the care or upbringing of a child who is a member of the debtor’s household;

(f)toys for the use of any child who is a member of the debtor’s household.

4The articles referred to in paragraph 2(b) above are the following so far as they are reasonably required, at the time of the attachment, for the use of the debtor or a member of the debtor’s household—

(a)beds or bedding;

(b)household linen;

(c)chairs or settees;

(d)tables;

(e)food;

(f)lights or light fittings;

(g)heating appliances;

(h)curtains;

(i)floor coverings;

(j)furniture, equipment or utensils used for storing, cooking or eating food;

(k)refrigerators;

(l)articles used for cleaning, drying, mending, or pressing clothes;

(m)articles used for cleaning the dwellinghouse;

(n)furniture used for storing—

(i)clothing, bedding or household linen;

(ii)articles used for cleaning the dwellinghouse; or

(iii)utensils used for cooking or eating food;

(o)articles used for safety in the dwellinghouse;

(p)tools used for maintenance or repair of the dwellinghouse or of household articles;

(q)computers and accessory equipment;

(r)microwave ovens;

(s)radios;

(t)telephones;

(u)televisions.

5The Scottish Ministers may by regulations modify paragraph 4 above so as to—

(a)add or remove types of articles to or, as the case may be, from those referred to in that paragraph; or

(b)vary any of the descriptions of the types of articles there referred to.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources