Debtors (Scotland) Act 1987

1. Introductory Text

2. Part I Extension of Time to Pay Debts-Time to pay directions on granting decree

   1. 1. Time to pay directions

   2. 2. Effect of time to pay direction on diligence

   3. 3. Variation and recall of time to pay direction and arrestment

   4. 4. Lapse of time to pay direction

   5. Time to pay orders following charge or diligence

      1. 5. Time to pay orders

      2. 6. Application for time to pay order

      3. 7. Disposal of application

      4. 8. Effect of interim order on diligence

      5. 9. Effect of time to pay order on diligence

      6. 10. Variation and recall of time to pay order and arrestment

      7. 11. Lapse of time to pay order

   6. Miscellaneous

      1. 12. Sequestration and insolvency

      2. 13. Saving of creditor's right and remedies

      3. 14. Circumstances where direction or order not competent or no longer effective

      4. 15. Interpretation of Part I

3. Part II Poindings and Warrant Sales-Poinding

   1. 16. Articles exempt from poinding

   2. 17. Restrictions on times when poinding may be executed

   3. 18. Power of entry for execution of poinding

   4. 19. Value of articles which may be poinded and presumption as to ownership

   5. 20. Poinding procedure

   6. 21. Poinding procedure-further provisions

   7. 22. Report of execution of poinding

   8. 23. Release of poinded article on ground of undue harshness

   9. 24. Invalidity, cessation and recall of poinding

   10. 25. Second poinding in same premises

   11. 26. Sist of proceedings in poinding of mobile homes

   12. 27. Duration of poinding

   13. Removal, damage or destruction of poinded articles

       1. 28. Removal of poinded articles

       2. 29. Unlawful acts relating to poinded articles

   14. Warrant sales

       1. 30. Application for warrant of sale

       2. 31. Provisions of warrant of sale

       3. 32. Location of sale

       4. 33. Release or redemption of poinded articles after warrant

       5. 34. Intimation and publication of sale

       6. 35. Alteration of arrangements for sale

       7. 36. Payment agreements after warrant of sale

       8. 37. The warrant sale

       9. 38. Disposal of proceeds of sale

       10. 39. Report of warrant sale

   15. Articles belonging to third parties or in common ownership

       1. 40. Release from poinding of articles belonging to third party

       2. 41. Poinding and sale of articles in common ownership

   16. Supplementary

       1. 42. Certain proceedings under Part II to postpone further steps in the diligence

       2. 43. Conjoining of further poinding with original poinding

       3. 44. Expenses of poinding and sale

       4. 45. Interpretation of Part II

4. Part III Diligence Against Earnings-Introduction

   1. 46. New diligences against earnings

   2. Earnings arrestments

      1. 47. General effect of earnings arrestment

      2. 48. Debt recoverable by earnings arrestment

      3. 49. Deductions from net earnings to be made by employer

      4. 50. Review of earnings arrestment

   3. Current maintenance arrestments

      1. 51. General effect of current maintenance arrestment

      2. 52. Enforcement of 2 or more obligations to pay maintenance

      3. 53. Deductions from net earnings to be made by employer

      4. 54. Current maintenance arrestment to be preceded by default

      5. 55. Review and termination of current maintenance arrestment

      6. 56. Effect of new maintenance order on current maintenance arrestment

   4. General

      1. 57. Failure to comply with arrestment, manner of payment and creditor's duty when arrestment ceases to have effect

      2. 58. Simultaneous operation of earnings and current maintenance arrestment

      3. 59. Priority among arrestments

   5. Conjoined arrestment orders

      1. 60. Conjoined arrestment orders: general provision

      2. 61. Amount recoverable under conjoined arrestment order

      3. 62. Relationship of conjoined arrestment order with earnings and current maintenance arrestments

      4. 63. Sum payable by employer under conjoined arrestment order

      5. 64. Disbursement by sheriff clerk of sums received from employer

      6. 65. Operation of conjoined arrestment order

      7. 66. Recall and variation of conjoined arrestment order

   6. Supplementary provisions

      1. 67. Equalisation of diligences not to apply

      2. 68. Diversion of arrested earnings to Secretary of State

      3. 69. Restriction on liability of employer in operating diligence against earnings

      4. 70. Execution and intimation of copies

      5. 71. Employer's fee for operating diligence against earnings

      6. 72. Effect of sequestration on diligence against earnings

      7. 73. Interpretation of Part III

5. Part IV Recovery of Rates and Taxes etc

   1. 74. Recovery of rates and taxes etc

6. Part V Messengers-at-Arms and Sheriff Officers

   1. 75. Regulation of organisation, training, conduct and procedure

   2. 76. Advisory Council

   3. 77. Appointment of messenger-at-arms

   4. 78. Inspection of work

   5. 79. Investigation of alleged misconduct

   6. 80. Courts' powers in relation to offences or misconduct

   7. 81. Provisions supplementary to section 80

   8. 82. Appeals from decisions under sections 79(5) and 80

   9. 83. Service of charge and execution of diligence or warrant void where officer of court has interest

   10. 84. Collection of statistics from officers of court

   11. 85. Measure of damages payable by officer of court for negligence or other fault

   12. 86. Official identity card

7. Part VI Warrants for Diligence and Charges for Payment

   1. 87. Effect of warrants for diligence in extract decrees and other documents

   2. 88. Warrants for diligence: special cases

   3. 89. Abolition of letters of horning, horning and poinding, poinding, and caption

   4. 90. Provisions relating to charges for payment

   5. 91. Enforcement of certain warrants and precepts of sheriff anywhere in Scotland

8. Part VII Miscellaneous and General

   1. 92. General provision relating to liability for expenses in court proceedings

   2. 93. Recovery from debtor of expenses of certain diligences

   3. 94. Ascription of sums recovered by diligence or while diligence is in effect

   4. 95. Certain diligences terminated by payment or tender of full amount owing

   5. 96. Provisions to assist debtor in proceedings under Act

   6. 97. Lay representation

   7. 98. Legal aid

   8. 99. Sequestration for rent or feuduty and arrestments other than arrestments of earnings

   9. 100. Obligations ad factum praestandum

   10. 101. Adjudication for debt

   11. 102. Procedure in diligence proceeding on extract of registered document etc

   12. 103. Appeals

   13. 104. Regulations

   14. 105. Application to Crown

   15. 106. Interpretation

   16. 107. Financial provisions

   17. 108. Minor and consequential amendments, transitional provisions and repeals

   18. 109. Short title, commencement and extent

9. 1. Schedule 1

      Expenses of poinding and sale

   2. Schedule 2

      Deductions to be made under earnings arrestment

   3. Schedule 3

      Disbursements by sheriff clerks under conjoined arrestment order

   4. Schedule 4

      Recovery of rates and taxes etc

   5. Schedule 5

      Poindings and sales in pursuance of summary warrants

   6. Schedule 6

      Minor and consequential amendments

   7. Schedule 7

      Transitional provisions

   8. Schedule 8

      Repeals