SCHEDULE 5Minor and consequential amendments

The Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)

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1

The 2002 Act is amended as follows.

2

In section 10(3) (competence of attachment), for paragraphs (a) and (b) substitute—

a

the debtor has been charged to pay the debt;

b

the period for payment specified in the charge has expired without payment being made; and

c

where the debtor is an individual, the creditor has, no earlier than 12 weeks before taking any steps to execute the attachment, provided the debtor with a debt advice and information package.

3

In section 11 (articles exempt from attachment)—

a

in subsection (1), after paragraph (d) insert—

e

any money.

b

after subsection (2) insert—

3

In subsection (1)(e) above, “money” has the same meaning as in section 175 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3).

4

After section 13 insert—

13ASchedule of attachment

1

The officer must, immediately after executing an attachment, complete a schedule such as is mentioned in subsection (2) below (in this section, the “attachment schedule”).

2

An attachment schedule—

a

must be in (or as nearly as may be in) the form prescribed by Act of Sederunt; and

b

must specify—

i

the articles attached; and

ii

their value, so far as ascertainable.

3

The officer must—

a

give a copy of the attachment schedule to the debtor; or

b

where it is not practicable to do so—

i

give a copy of the schedule to a person present at the place where the attachment was executed; or

ii

where there is no such person, leave a copy of it at that place.

4

An attachment is executed on the day on which the officer complies with subsection (3) above.

5

In section 14 (procedure for attachment of articles kept outwith dwellinghouses), for “19” substitute “ 19A ”.

6

In section 15, the title to that section becomes “ Valuation ”.

7

In section 28(1)(b) (restriction on alteration of arrangements for auctions), for “19” substitute “ 19A ”.

8

In section 32 (report of auction)—

a

in subsection (2)(a), after sub-paragraph (iii) insert—

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any sums paid by the debtor to account of the sum recoverable;

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9

In section 33 (audit of report of auction)—

a

in subsection (7), for the words from “providing” to the end substitute—

a

giving—

i

the debtor;

ii

the creditor; and

iii

any third party who claims ownership (whether alone or in common with the debtor) of any attached article,

an opportunity to make representations; or

b

holding a hearing.

b

in subsection (8), for “debtor” substitute “ persons mentioned in subsection (7)(a) above. ”.

10

In section 34 (articles belonging to third parties), in subsection (1)(b)(ii), for “so satisfied” substitute “ satisfied that the claim is valid ”.

11

In section 40 (recovery from debtor of expenses of attachment)—

a

in subsection (3)—

i

in paragraph (a), for “9(2)(a), (d) or (e)” substitute “ 9(2)(d) or (10)(b) ”; and

ii

in paragraph (c), for “presentation of a petition for an administration order” substitute “ appointment of an administrator ”; and

b

in subsection (4)(b), for “administration order” substitute “ appointment ”.

12

In section 41(2)(a) (ascription of sums recovered by attachment), after sub-paragraph (i) insert—

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any previous interim attachment the expenses of which are chargeable against and recoverable from the debtor under section 9Q(1)(a) of this Act;

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14

In section 60(2) (application of the Act to sequestration for rent and arrestment) for the words “such a” substitute “ the landlord's ”.

15

In schedule 1, in paragraph 1, before “2” insert “ 1A, ”.