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

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Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988(1) (S.I. 1988/2013)

1.—(1) In rule 6 (applications for variation or recall of time to pay orders, poindings or advertisements)–

(a)in the heading for “poindings” substitute “attachments”; and

(b)in paragraph (1) for “a poinding” substitute “an attachment”.

(2) In the Schedule (Forms)–

(a)in form 2 (application for a time to pay order), in Part C–

(i)for “poinding” substitute “attachment”;

(ii)in crave 2, for “poinding” substitute “attachment”;

(iii)for crave 4, substitute–

*4.  To order that no further steps shall be taken by the creditor or the sheriff officer in the diligence concerned, other than in the case of an attachment making a report of the attachment under section 17 of the Debt Arrangement and Attachment (Scotland) Act 2002, or applying for an order under sections 17(1), 20(1), and 21(10) of that Act.; and

(iv)in the extract from section 5(4) and (5) of the Debtors (Scotland) Act–

(aa)in subsection (4) for paragraphs (e) and (ee) substitute–

(e)in relation to a debt including any sum due to–

(i)a rating authority for payment of rates;

(ii)a regional or islands council for the payment of any community charge, community water charge, council tax, or council water charge;

(iii)a collecting authority (within the meaning of section 79 of the Local Government etc. (Scotland) Act 1994) in respect of any charges payable to them by virtue of that section; or

(iv)a regional or islands council for payment of any amount payable as a civil penalty within the meaning of subsection (9) below.; and

(bb)in subsection (5), omit paragraph (a);

(b)in form 3 (application for variation or recall of a time to pay order, arrestment and poinding)–

(i)in the heading, for “POINDING” substitute “ATTACHMENT”;

(ii)in section 3, in paragraph (c) for “poinding” or “poinding” in each case where either occurs substitute “attachment” or “attachment” as appropriate; and

(iii)in section 4, in paragraph 3 for “poinding” substitute “attachment”;

(c)in form 43 (application for a conjoined arrestment order), in section 5 for “poinding” substitute “attachment”; and

(d)in form 64 (warrant for intimation), in section 3, for “poinding” substitute “attachment”.

(1)

S.I. 1988/2013; amended by S.I. 1996/2709 and 1999/1820.

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