The Diligence (Scotland) Regulations 2009

Scottish Statutory Instruments

2009 No. 68

ENFORCEMENT

DEBT

DILIGENCE

The Diligence (Scotland) Regulations 2009

Made

23rd February 2009

Laid before the Scottish Parliament

24th February 2009

Coming into force

22nd April 2009

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 155(4), 159 and 159A(3) of the Titles to Land Consolidation (Scotland) Act 1868(1), sections 73B(2), 73G(2) and 73S(1) of the Debtors (Scotland) Act 1987(2); and sections 148(3) and 224(2) of the Bankruptcy and Diligence etc. (Scotland) Act 2007(3) and all other powers enabling them to do so.

(1)

1868 c. 101 (“the 1868 Act”). Section 155 was substituted, section 159 amended, and section 159A inserted by, sections 149, 164(1) and 162 respectively of the Bankruptcy and Diligence etc. (Scotland) Act 2007 asp 3 (“the 2007 Act”). Section 164(2) inserts section 159B of the 1868 Act which contains a definition of “prescribed” relevant to the powers under which these Regulations are made.

(2)

1987 c. 18 (“the 1987 Act”). Sections 73B(2), 73G(2) and 73S(1) were inserted by the 2007 Act, section 206. The 1987 Act is also significantly amended by the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), section 58(2), schedule 3, Part I, paragraph 17, and by the 2007 Act, sections 169 and 170, 199 to 205, 206, 209(2) to (5), schedule 5, paragraph 16 and schedule 6, Part 1.

(3)

2007 asp 3.