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Law Reform (Miscellaneous Provisions) (Scotland) Act 1966

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2Certain earnings payable by the Crown to be arrestable in execution

(1)Subject to the provisions of this section, any rule of law which exempts from arrestment in execution earnings falling to be paid by the Crown or a Minister of the Crown or out of the public revenue of the United Kingdom shall cease to have effect, except in relation to earnings payable to a member of the armed forces of the Crown; and accordingly for paragraph (a) of the proviso to section 46 of the Crown Proceedings Act 1947 (provisions as to arrestment in the hands of the Crown), there shall be substituted the following paragraph—

(a)any earnings payable to any officer of the Crown as such, except as provided by section 2 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1966;.

(2)Earnings liable to arrestment by virtue of the last foregoing subsection shall be treated as falling to be paid by the chief officer in Scotland for the time being of the department, office or other body concerned.

(3)If any question arises, in connection with any proceedings relating to such an arrestment as to who for the purposes of this section is the chief officer in Scotland of the department, office or other body, that question shall be referred to and determined by the Treasury.

(4)A document purporting to set out a determination of the Treasury under the last foregoing subsection and to be signed by an official of the Treasury shall, in any such proceedings as aforesaid, be sufficient evidence of that determination, and deemed to contain an accurate statement thereof unless the contrary is shown.

(5)In this section "earnings payable to a member of the armed forces of the Crown" means any sum (other than a pension) the assignation of which is precluded by virtue of section 203 of the Army Act 1955 or of section 203 of the Air Force Act 1955, or any like sum payable to a member of the naval forces of the Crown, or to a member of any women's service administered by the Defence Council.

(6)The Wages Arrestment Limitation (Scotland) Act 1870 shall apply in relation to earnings arrestable by virtue of this section as it applies to other earnings.

(7)Nothing in the provisions of this section shall affect the operation of section 163 of the Merchant Shipping Act 1894, which exempts from arrestment wages payable to seamen and apprentices within the meaning of that Act.

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