The Debt Arrangement and Attachment (Scotland) Act 2002 (Commencement) Order 2004

Scottish Statutory Instruments

2004 No. 401 (C. 26)

DEBT

DILIGENCE

The Debt Arrangement and Attachment (Scotland) Act 2002 (Commencement) Order 2004

Made

15th September 2004

The Scottish Ministers, in exercise of the powers conferred by section 64(4) and (5) of the Debt Arrangement and Attachment (Scotland) Act 2002(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation

1.  This Order may be cited as the Debt Arrangement and Attachment (Scotland) Act 2002 (Commencement) Order 2004.

Interpretation

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

Appointed days for Part 1 of the Act

3.—(1) The following provisions of the Act shall come into force on 24th September 2004:–

(a) sections 2(3) and (4), 4(5), 5(3), 6(1) and 9(1) but only for the purpose of the prescribing of forms; and

(b) sections 7 and 8.

(2) Sections 1 and 3 of the Act, and sections 2, 4, 5, 6 and 9 of the Act, in so far as they are not already in force, shall come into force on 30th November 2004.

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

15th September 2004

Explanatory Note

(This note is not part of the Order)

This Order brings into force Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (“the Act”)–

• sections 2(3) and (4), 4(5), 5(3), 6(1) and 9(1) are brought into force on 24th September 2004 for certain limited purposes;

• section 7 (which makes provision as to regulation making powers relating to debt payment programmes) and section 8 (which makes provision as to the functions of the Scottish Ministers) are brought into force on 24th September 2004; and

• the remainder of Part 1 of the Act (which makes provision as to the debt arrangement scheme) is brought into force on 30th November 2004.

The Act received Royal assent on 17th December 2002. Sections 43, 62 and 64 of the Act came into force on Royal Assent. Other than Part 1, the remainder of the Act came into force on 30th December 2002. This Order brings into force the remaining provisions of the Act.

(1)

2002 asp 17.