(1)In Scotland, where a liability order has been made against a person, the order shall be warrant anywhere in Scotland—
(a)for the [F1Secretary of State] to charge the person to pay the appropriate amount and to recover that amount by [F2an attachment] and, in connection therewith, for the opening of shut and lockfast places;
(b)for an arrestment (other than an arrestment of the person’s earnings in the hands of his employers) and action of furthcoming or sale,
[F3(c)for an inhibition.]
[F3and shall be apt to found a Bill of Inhibition or an action of adjudication at the instance of the Secretary of State.]
(2)In subsection (1) the “appropriate amount” means the amount in respect of which the order was made, to the extent that it remains unpaid.
Textual Amendments
F1Words in s. 38(1)(a) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 47
F2Words in s. 38(1)(a) substituted (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 64(2), Sch. 3 para. 20 (with s. 63)
F3S. 38(1)(c) substituted for closing words in s. 38(1) (22.4.2009 for specified purposes) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), s. 227(3), Sch. 5 para. 18(a)(ii) (with s. 223); S.S.I. 2009/67, art. 3(2)(3), Sch. 1 (with art. 6)
Modifications etc. (not altering text)
C1S. 38 applied (with modifications) (E.W.) (5.4.1993) by S.I. 1992/2643, reg.3
C2Ss. 29-41B modified by The Child Support (Transitional Provisions) Regulations 2000 (S.I. 2000/3186), reg. 16(2A) (as inserted (21.2.2003) by S.I. 2003/328, regs. 1(3)(a), 9(7)(b))
C3S. 38 modified (10.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 59(6), 62(3); S.I. 2008/1476, art. 2(6)