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Bankruptcy and Diligence etc. (Scotland) Act 2007

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This is the original version (as it was originally enacted).

201Provision of debt advice and information package

This section has no associated Explanatory Notes

(1)In section 47 of the 1987 Act (general effect of earnings arrestment)—

(a)in subsection (2)(a), after “shall” insert “, subject to subsection (3) below,”; and

(b)after subsection (2) insert—

(3)An earnings arrestment shall not come into effect unless, no earlier than 12 weeks before the date on which the earnings arrestment schedule is served, the creditor has provided the debtor with a debt advice and information package.

(4)In this section and in sections 51(2A) and 60(3A) of this Act, “debt advice and information package” means the debt advice and information package referred to in section 10(5) of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)..

(2)In section 51 of that Act (general effect of current maintenance arrestment)—

(a)in subsection (2)(a), after “shall” insert “, subject to subsection (2A) below,”; and

(b)after subsection (2) insert—

(2A)A current maintenance arrestment shall not come into effect unless, no earlier than 12 weeks before the date on which the current maintenance arrestment schedule is served, the creditor has provided the debtor with a debt advice and information package..

(3)In section 60 of that Act (conjoined arrestment orders), after subsection (3) insert—

(3A)It shall not be competent to make a conjoined arrestment order unless, no earlier than 12 weeks before the date of the application under subsection (2) above, the creditor has provided the debtor with a debt advice and information package..

(4)In section 73(1) of that Act (interpretation), after the definition of “current maintenance” insert—

“debt advice and information package” has the meaning given by section 47(4) of this Act;.

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