Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2008

Earnings arrestment

10.—(1) The Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988(1) is amended in accordance with subparagraphs (2) to (7).

(2) In rule 38 (earnings arrestment schedules), in paragraph (3) after “section 49(1) to (6)” insert “and section 49A”(2).

(3) After rule 65 insert–

“Application where employer fails to give notice under section 70A(5) of the Act

65A.— (1) An application by a creditor under section 70B of the Act(3) shall be in Form 59a.

(2) An application to which paragraph (1) of this rule applies shall specify–

(a) the name and address of the applicant, the debtor, the employer and the officer of court who served the arrestment schedule in respect of the debt due to the applicant; and

(b) the date of service of the applicant’s earnings arrestment schedule, current maintenance arrestment schedule or conjoined arrestment order.

(3) On the lodging of such an application the sheriff clerk shall–

(a) fix a date for a hearing;

(b) obtain from the sheriff a warrant for intimation;

(c) intimate the application and warrant to the applicant and the employer; and

(d) complete a certificate of intimation.

(4) The sheriff clerk shall intimate the sheriff’s decision on such an application to the employer if the employer was not present when the application was determined.”.

(4) In Form 30 (earnings arrestment schedule)(4)–

(a) after “section 49(1) to (6)” in each place where it occurs insert “, section 49A”;

(b) in paragraph (2) of the notes, the words “as amended by the Child Support Act 1991” are omitted; and

(c) in paragraph (3) of the notes, after the paragraph that refers to section 69(5)(a) insert–

“70(4A)	Employer’s duty to intimate a copy of an earnings arrestment schedule to the debtor and to give certain information to the debtor.
70A	Employer’s duty to give certain information to the creditor or, as the case may be, the sheriff clerk and to send a copy of certain information to the debtor.”.

(5) In Form 34 (current maintenance arrestment schedule)(5), in paragraph (2) of notes for employer, after the paragraph that refers to section 69(5)(6) insert–

“70(4A)	Employer’s duty to intimate a copy of a current maintenance arrestment schedule to the debtor and to give certain information to the debtor.
70A	Employer’s duty to give certain information to the creditor or, as the case may be, the sheriff clerk and to send a copy of certain information to the debtor.”.

(6) In Form 45 (conjoined arrestment order)(6), in paragraph (2) of the notes, after the paragraph that refers to section 69(3) insert–

“70(4A)	Employer’s duty to intimate a copy of a conjoined arrestment order to the debtor and to give certain information to the debtor.
70A	Employer’s duty to give certain information to the creditor or, as the case may be, the sheriff clerk and to send a copy of certain information to the debtor”.

(7) In the Schedule, after Form 59 insert Form 59a set out in Schedule 5 to this Act of Sederunt.

(1)

S.I. 1988/2013, amended by S.I. 1991/1920, 1993/920, 1994/3086, 1995/1876, 1996/2709, 1999/1820 and S.S.I. 2002/560.

(2)

Section 49A was inserted into the 1987 Act by section 200 of the Bankruptcy and Diligence (Scotland) Act 2007 (asp 3).

(3)

Section 70B was inserted into the 1987 Act by section 203 of the Bankruptcy and Diligence (Scotland) Act 2007 (asp 3).

(4)

Form 30 was amended by S.I. 1993/920.

(5)

Form 34 was amended by S.I. 1993/920.

(6)

Form 45 was amended by S.I. 1993/920.