Search Legislation

Debt Arrangement and Attachment (Scotland) Act 2002

Changes over time for: Section 17

 Help about opening options

Alternative versions:

Changes to legislation:

Debt Arrangement and Attachment (Scotland) Act 2002, Section 17 is up to date with all changes known to be in force on or before 20 October 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Commencement Orders yet to be applied to the Debt Arrangement and Attachment (Scotland) Act 2002

Commencement Orders bringing provisions within this Act into force:

Debtors (Scotland) Act 1987 (c.18)S

This section has no associated Explanatory Notes

17(1)The Debtors (Scotland) Act 1987 is amended in accordance with this paragraph.

(2)In section 2(1)(b) (effect of time to pay direction on diligence), for sub-paragraph (ii) there is substituted—

(ii)an attachment;.

(3)In section 8(1) (effect of interim time to pay order on diligence), for paragraph (a) there is substituted—

(a)to auction any articles which have been attached;.

(4)In section 9 (effect of time to pay order on diligence)—

(a)in subsection (1)(b), for sub-paragraph (ii) there is substituted—

(ii)an attachment;;

(b)in subsection (2)(d), for “a poinding” there is substituted “ an attachment ”;

(c)in subsection (3)—

(i)for “a poinding” there is substituted “ an attachment ”; and

(ii)for “the poinding” there is substituted “ the attachment ”;

(d)in subsection (4), for the words from “a poinding” to the end there is substituted “ an attachment, making a report of attachment under section 17 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) or applying for an order under section 20(1) of that Act. ”;

(e)in subsection (8)(a)—

(i)for “21(1)(b) of this Act” there is substituted “ 20(1) or 22(3) of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) ”; and

(ii)for “poinded” there is substituted “ attached ”;

(f)in subsection (9)—

(i)for “27 of this Act” there is substituted “ 24 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) ”; and

(ii)for “a poinding” there is substituted “ an attachment ”; and

(g)in subsection (12)—

(i)for “25 of this Act” there is substituted “ 25 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) ”;

(ii)for “a poinding” there is substituted “ an attachment ”; and

(iii)for “another poinding” there is substituted “ another attachment ”.

(5)In section 10 (variation and recall of time to pay orders)—

(a)in subsection (1)(b)—

(i)for “a poinding” there is substituted “ an attachment ”; and

(ii)for “the poinding” there is substituted “ the attachment ”; and

(b)in subsection (2) for “a poinding” there is substituted “ an attachment ”.

(6)In section 13(2) (saving of creditor’s rights and remedies on recall of poinding or arrestment)—

(a)in subsection (b), for “a poinding” there is substituted “ an attachment ”; and

(b)in the full-out words at the end, for “poinding” there is substituted “ attachment ”.

(7)In section 15(1), the definition of “poinding” is repealed.

(8)In section 70(1)(b) (which stipulates the dates on which an earnings arrestment schedule, current maintenance arrestment schedule or conjoined arrestment order may not be served), for “17(1) of this Act” there is substituted “ 12(1) of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) ”.

(9)In paragraph (a) of section 87(2) (effect of warrant for diligence in extract decree), for “poinding”, in both places where it occurs, there is substituted “ attachment ”.

(10)In section 90 (which provides, among other matters, that poindings are not competent unless a charge for payment has not been met), for “a poinding”, wherever it occurs, there is substituted “ an attachment ”.

(11)In section 93 (which provides for the recovery of expenses of certain diligences)—

(a)paragraph (a) of subsection (1); and

(b)subsection (3),

are repealed.

(12)In section 94 (which provides for the prescription of sums recovered by diligence)—

(a)paragraph (a) of subsection (1); and

(b)the word “poinding,” in subsection (2)(b),

are repealed.

(13)In section 95(1) (termination of certain diligences on payment or tender of full amount owing), paragraph (a) is repealed.

(14)Section 99(which applies certain provisions of the 1987 Act to sequestration for rent and arrestment) is repealed.

(15)In section 103 (appeals)—

(a)in subsection (1), the words “21(1), 27(4), 43(5)” and “and paragraphs 6(1), 11(4) and 14(5) of Schedule 5 thereto”; and

(b)in subsection (7), paragraphs (a) to (j) and (q),

are repealed.

(16)In section 104 (regulations)—

(a)in subsection (1), the words “except as provided in subsection (2) below”; and

(b)subsection (2),

are repealed.

(17)In section 106(interpretation), the definition of “warrant of sale” is repealed.

(18)In Schedule 7 (transitional provisions), paragraphs 4, 7(1)(a) and 9(4)(a) are repealed.

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

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

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 Government 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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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