Search Legislation

Debtors (Scotland) Act 1987

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

Prospective version(s) available. Show Timeline of Changes Help about Status

Close

Status

The version on screen is currently in force, but there is a version available (prospective version) to show how it could change.

The prospective version will remain prospective until a date is appointed by an appropriate person or body to bring those changes into force.

To see the prospective version, use the Show Timeline of Changes feature under ‘Advanced Features’.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring changes and effects in the prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Debtors (Scotland) Act 1987. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Debtors (Scotland) Act 1987

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

106 Interpretation.S

In this Act—

  • current maintenance” has the meaning given to it in section 73(1) of this Act;

  • earnings” has the meaning given to it in section 73(2) of this Act;

  • employer” has the meaning given to it in section 73(1) of this Act;

  • F1. . .

  • maintenance” means periodical sums payable under a maintenance order;

  • maintenance order” means—

    (a)

    an order granted by a court in Scotland for payment of a periodical allowance on divorce or on the granting of a declarator of nullity of marriage, or for aliment;

    (b)

    an order under section 43 or 44 of the M1National Assistance Act 1948, section 23 or 24 of the M2Ministry of Social Security Act 1966, section 80 or 81 of the M3Social Work (Scotland) Act 1968, section 11(3) of the M4Guardianship Act 1973, section 18 or 19 of the M5Supplementary Benefits Act 1976, section 50 or 51 of the M6Child Care Act 1980 or section 24 or 25 of the M7Social Security Act 1986;

    (c)

    an order of a court in England and Wales or Northern Ireland registered in Scotland under Part II of the M8Maintenance Orders Act 1950;

    (d)

    a provisional order of a reciprocating country which is confirmed by a court in Scotland under Part I of the M9Maintenance Orders (Reciprocal Enforcement) Act 1972;

    (e)

    an order of a reciprocating country which is registered in Scotland under that Part of that Act;

    (f)

    an order registered in Scotland under Part II, or under an Order in Council made in pursuance of Part III, of that Act;

    (g)

    an order registered in Scotland under section 5 of the M10Civil Jurisdiction and Judgments Act 1982; F2. . .

    (h)

    an alimentary bond or agreement (including a document providing for the maintenance of one party to a marriage by the other after the marriage has been dissolved or annulled)—

    (i)

    registered for execution in the Books of Council and Session or sheriff court books; or

    (ii)

    registered in Scotland under an Order in Council made under section 13 of the Civil Jurisdiction and Judgments Act 1982;

    [F3 or

    (j)

    a maintenance assessment within the meaning of the Child Support Act 1991.]

  • net earnings” has the meaning given to it in section 73(1) of this Act;

  • officer of court” means a messenger-at-arms or a sheriff officer;

  • ordinary debt” has the meaning given to it in section 73(1) of this Act;

  • [F4summary warrant” means a summary warrant granted under or, as the case may be, by virtue of—

    (a)

    paragraph 7 of Schedule 2 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987;

    (b)

    paragraph 2 of Schedule 8 to the M11Local Government Finance Act 1992;

    (c)

    paragraph 2 of Schedule 10 to the Local Government etc. (Scotland) Act 1994; or

    (cc)

    F5section 121B of the Social Security Administration Act 1992;]

    (cca)

    [F6paragraph 2 of schedule 4 to the Water Industry (Scotland) Act 2002 (asp 3);]

    (d)

    any of the enactments mentioned in Schedule 4 to this Act;

  • F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1S. 106 (definition of levying authority) repealed (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 117, Sch. 13 para. 55(a), Sch. 14; S.I. 1993/575, art. 2(c).

F3In s. 106, word and para. (j) in the definition of "maintenance order" inserted (5.4.1993) by Child Support Act 1991 (c. 48, SIF 20), s. 58(13), Sch. 5 para. 8(7)(b) (with s. 9(2)); S.I. 1992/2644, art. 2.

F4Definition of “summary warrant” in s. 106 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 151(3); S.I. 1996/323, art. 4(1)(c)

F5Para. (cc) in definition of “summary warrant” in s. 106 inserted (6.4.1999) by 1998 c. 14, s. 86(1), Sch. 7 para. 13, S.I. 1999/526, art. 2(3)(4)

F6S. 106: in definition of "summary warrant" para. (cca) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(2), Sch. 7 para. 17(3) (with s. 67); S.S.I. 2002/118, art. 2(3)

Marginal Citations

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources