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Bankruptcy and Diligence etc. (Scotland) Act 2007

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Changes over time for: Section 221

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Bankruptcy and Diligence etc. (Scotland) Act 2007, Section 221 is up to date with all changes known to be in force on or before 20 August 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

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221InterpretationS

This section has no associated Explanatory Notes

In this Act—

  • the “1985 Act” means the Bankruptcy (Scotland) Act 1985 (c. 66);

  • the “1987 Act” means the Debtors (Scotland) Act 1987 (c. 18);

  • the “2002 Act” means the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17);

  • [F1 “the 2011 Regulations ” means the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 ( S.I. 2011/1484 ); ]

  • certified electronic signature” is to be read in accordance with section 7(2) and (3) of the Electronic Communications Act 2000 (c. 7);

  • F2...

  • debt advice and information package” has the meaning given by section 81(8) of this Act;

  • decree” means—

    (a)

    a decree of the Court of Session, of the High Court of Justiciary or of the sheriff;

    (b)

    a decree of the Court of Teinds;

    (c)

    a summary warrant;

    (d)

    a civil judgement granted outside Scotland by a court, tribunal or arbiter which, by virtue of any enactment or rule of law, is enforceable in Scotland;

    (e)

    an order or determination which, by virtue of any enactment, is enforceable as if it were an extract registered decree arbitral bearing a warrant for execution granted by the sheriff;

    (f)

    a warrant granted in criminal proceedings for enforcement by civil diligence;

    (g)

    an order under section 114 of the Companies Clauses Consolidation (Scotland) Act 1845 (c. 17);

    (h)

    a determination under section 46 of the Harbours, Docks and Piers Clauses Act 1847 (c. 27); or

    (i)

    a liability order within the meaning of section 33(2) of the Child Support Act 1991 (c. 48);

  • document of debt” means—

    (a)

    a document registered for execution in the Books of Council and Session or in the sheriff court books;

    (b)

    a bill protested for non-payment by a notary public; F3...

    (c)

    a document or settlement which, by virtue of an Order in Council made under section 13 of the Civil Jurisdiction and Judgments Act 1982 (c. 27), is enforceable in Scotland;

    (d)

    [F4a court settlement or authentic instrument (within the meaning of Article 2 of the Maintenance Regulation) which is—

    (i)

    registered in the sheriff court under the 2011 Regulations ; or

    (ii)

    otherwise enforceable in Scotland by virtue of the Maintenance Regulation and the 2011 Regulations ; or

    (e)

    a maintenance arrangement (within the meaning of Article 3(e) of the Hague Convention) which is registered in the sheriff court under the Hague Convention;]

  • electronic communication” has the meaning given by section 15(1) of the Electronic Communications Act 2000 (c. 7);

  • [F5“the Hague Convention” means the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007;

  • “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;]

  • F2...

  • [F6officer of court ” means a messenger-at-arms or a sheriff officer; ]

  • professional association” shall be construed in accordance with section 63(1)(a) of this Act.

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