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The Diligence (Scotland) Regulations 2009

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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.

Citation and commencement

1.—(1) These Regulations may be cited as the Diligence (Scotland) Regulations 2009 and come into force on 22nd April 2009.

Interpretation

2.  In these Regulations–

“the 1868 Act” means the Titles to Land Consolidation (Scotland) Act 1868;

“the 1987 Act” means the Debtors (Scotland) Act 1987; and

“the 2007 Act” means the Bankruptcy and Diligence etc. (Scotland) Act 2007.

Inhibition

Forms for inhibition

3.—(1) The forms in Schedules 1 to 6 are prescribed for the purposes of the relative provisions–

(a)Schedule 1 – schedule of inhibition (section 148(3)(a) of the 2007 Act);

(b)Schedule 2 – certificate of execution of inhibition (Court of Session) (section 148(3)(b) of the 2007 Act);

(c)Schedule 3 – certificate of execution of inhibition (Sheriff Court) (section 148(3)(b) of the 2007 Act);

(d)Schedule 4 – notice of inhibition (section 155(4) of the 1868 Act);

(e)Schedule 5 – notice of Summons for breach of inhibition (section 159 of the 1868 Act); and

(f)Schedule 6 – discharge of notice of Summons for breach of inhibition (section 159A(3) of the 1868 Act).

(2) The form of schedule of inhibition prescribed for registration under section 148(1)(a) of the 2007 Act (registration of inhibition) is a certified copy of the schedule of inhibition required by paragraph (1)(a) and Schedule 1 to these Regulations.

Arrestment

Forms for arrestment

4.  The forms in Schedules 7 to 9 are prescribed for the purposes of the relative provisions–

(a)Schedule 7 – schedule of arrestment (section 73B(2) of the 1987 Act);

(b)Schedule 8 – arrestee disclosure (section 73G(2) of the 1987 Act); and

(c)Schedule 9 – debtor mandate (section 73S(1) of the 1987 Act).

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

23rd February 2009

Regulation 3(1)(a) and (2)

SCHEDULE 1Form of Schedule of Inhibition

Regulation 3(1)(b)

SCHEDULE 2Court of Session form of certificate of execution of inhibition

Regulation 3(1)(c)

SCHEDULE 3Sheriff Court form of certificate of execution of inhibition

Regulation 3(1)(d)

SCHEDULE 4Form of Notice of Inhibition

Regulation 3(1)(e)

SCHEDULE 5Form of Notice of Summons — breach of inhibition

Regulation 3(1)(f)

SCHEDULE 6Form of Discharge of Notice of Summons — breach of inhibition

Regulation 4(a)

SCHEDULE 7Form of schedule of arrestment in execution

Regulation 4(b)

SCHEDULE 8Form of disclosure by arrestee

Regulation 4(c)

SCHEDULE 9Form of debtor mandate

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision, from 22nd April 2009, for prescribed forms to be used in diligence procedures as a result of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (“the 2007 Act”).

In relation to Part 5 of the 2007 Act (inhibition), they prescribe the forms for documentation required to be used in the procedure for the diligence of inhibition. They also provide for a copy of a schedule of inhibition to be registered in the Register of Inhibitions and Adjudications (regulation 3 and Schedules 1 to 6).

In relation to Part 10 of the 2007 Act (arrestment in execution and action of furthcoming), regulation 4 and Schedules 7 to 9 prescribe the forms for documentation required to be used in the procedure for arrestment in execution.

(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.

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