Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

Citation, commencement and interpretation

1.—(1) This Act of Sederunt–

(a) may be cited as the Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002;

(b) shall come into force on 30th December 2002; and

(c) shall be inserted in the Books of Sederunt.

(2) In this Act of Sederunt, “the 2002 Act” means the Debt Arrangement and Attachment (Scotland) Act 2002.

Rules for Applications in the Sheriff Court under the 2002 Act

2.  Schedule 1 to this Act of Sederunt provides rules for applications in the sheriff court under the 2002 Act.

Summary warrants

3.—(1) Schedule 2 to this Act of Sederunt provides forms for summary warrants, and any reference in this article to a form means the form so specified in Schedule 2.

(2) A summary warrant for recovery of any sum shall be in form A or B, as the case may be.

Minor and consequential amendments

4.  Schedule 3 to this Act of Sederunt (which contains minor amendments and amendments consequential upon the provisions of the 2002 Act) shall have effect.

Revocation and savings

5.  The Acts of Sederunt mentioned in column (1) of Schedule 4 to this Act of Sederunt are revoked to the extent specified in column (3) of that Schedule except–

(a) in relation to a debt in respect of which a warrant sale has been completed before the date on which section 58 of the 2002 Act comes into force (“the commencement date”);

(b) in relation to a debt in respect of which a poinding was executed before the commencement date if–

(i) the poinding was executed at a place other than a dwellinghouse; and

(ii) a warrant sale is completed in respect of the poinding on or before 31st March 2003; or

(c) in relation to an application for sequestration for rent on which warrant was granted on or before the commencement date.

W DOUGLAS CULLEN

Lord President I.P.D.

Edinburgh,

19th December 2002