Bankruptcy and Diligence etc. (Scotland) Act 2007

209 Summary warrants, time to pay and charges to pay

(1) Section 10(4) of the 2002 Act (no charge required for attachment in pursuance of summary warrant) is repealed.

(2) In section 1 of the 1987 Act (time to pay direction)—

(a) subsection (5)(e) (certain debts in relation to which a time to pay direction cannot be granted); and

(b) subsection (9) (interpretation),

are repealed.

(3) In section 5 of the 1987 Act (time to pay order)—

(a) subsection (4)(c) and (e) (certain debts in relation to which a time to pay order cannot be granted); and

(b) subsection (9) (interpretation),

are repealed.

(4) In section 15(3) of the 1987 Act (interpretation)—

(a) in the definition of “decree or document of debt”, after paragraph (a) insert—

“(aa) a summary warrant;”; and

(b) the words “or a summary warrant” are repealed.

(5) In section 90 of the 1987 Act (provisions relating to charges)—

(a) in subsection (1), the words “Subject to subsection (2) below,” and “an attachment or” are repealed;

(b) after subsection (1) insert—

“(1A) The following subsections of this section apply to any case where it is competent to execute diligence only if a charge for payment has been served on the debtor.”;

(c) subsection (2) (no charge required for attachment or earnings arrestment in pursuance of summary warrant) is repealed;

(d) in subsection (5), for “an attachment or an earnings arrestment” substitute “diligence”; and

(e) in subsection (6), for “an attachment or an earnings arrestment” substitute “diligence”.