Search Legislation

The Enforcement of Fines (Diligence) (Scotland) Regulations 2008

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Enforcement of Fines (Diligence) (Scotland) Regulations 2008 and come into force on 1st April 2008.

(2) In these Regulations “FEO” means a fines enforcement officer(1).

Arrestment of earnings

2.  Where an FEO executes an arrestment of earnings, the application of the provisions of the following enactments shall be modified–

(a)section 7(1)(a) of the Sheriff Courts (Scotland) Extracts Act 1892(2) (import of the warrant for execution) to dispense with the requirement for service of a charge for payment; and

(b)the Debtors (Scotland) Act 1987–

(i)section 50(3) (review of earnings arrestment) to allow an FEO to make an application to the sheriff seeking a determination of any dispute as to the operation of such an arrestment of earnings;

(ii)section 57(4) (creditor’s duty when arrestment ceases to have effect) to extend the duty on creditors to inform the offender’s employer when such an arrestment of earnings ceases to have effect to FEOs;

(iii)section 65(1)(b) (operation of conjoined arrestment order) to allow an FEO who executed an arrestment of earnings which is being enforced by a conjoined arrestment order to make an application to the sheriff seeking the determination of any dispute as to the operation of the conjoined arrestment order;

(iv)section 66(2)(b) and (6) (recall and variation of conjoined arrestment order) to allow an FEO who executed an arrestment of earnings which is being enforced by a conjoined arrestment order to make an application to the sheriff seeking the recall or variation of the order;

(v)section 70C(3) (creditor’s duty to provide information) to extend the duty on creditors to provide information to FEOs;

(vi)section 90(1) (provisions relating to charges for payment) shall have no application; and

(vii)section 106 (interpretation) to extend the meaning of “officer of court” for the purposes of section 70 to FEOs.

Arrestment in execution

3.—(1) Where an FEO executes an arrestment of funds standing in accounts held at any bank or other financial institution–

(a)the application of sections 1 and 2 of the Execution of Diligence (Scotland) Act 1926(4) shall be modified so as to extend to an FEO the authority to execute the arrestment in execution;

(b)it shall be competent for an FEO to enforce payment of more than one relevant penalty payable to him by the same offender by means of a single arrestment in execution, whether the arrestment is executed in pursuance of the same warrant or of 2, or more, different warrants authorising diligence; and

(c)on the cessation of an arrestment in execution, following either the payment of the relevant penalty or the recall of the arrestment, the FEO shall, as soon as is reasonably practicable, inform the arrestee in writing that this is the case.

(2) In this regulation–

“arrestee” means a bank or other financial institution with which an offender has an account in respect of which an arrestment in execution has been carried out; and

“relevant penalty” has the meaning given in section 226I of the Criminal Procedure (Scotland) Act 1995.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

6th March 2008

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources