Debt Arrangement and Attachment (Scotland) Act 2002
Part 1
The debt arrangement scheme
1
Debt arrangement scheme
2
Debt payment programmes
3
Money advice
4
Effect of debt payment programmes
5
Variation of debt payment programmes
6
Deduction from earnings
7
Debt payment programmes: power to make further provision
7A
Debt payment programmes: power to make provision about debt relief
8
Functions of the Scottish Ministers
9
Interpretation of Part
Part 1A
Interim attachment
Interim attachment
9A
Interim attachment
9B
Articles exempt from interim attachment
Application for interim attachment
9C
Application for warrant for interim attachment
9D
Grant of warrant without a hearing
9E
Hearing on application
Execution of interim attachment
9F
Execution of interim attachment
9G
Execution of interim attachment before service
Interim attachment: further procedure
9H
Order for security of attached articles
Interim attachment: effects
9J
Unlawful acts after interim attachment
9K
Articles belonging to or owned in common by a third party
9L
Duration of interim attachment
Recall etc. of interim attachment
9M
Recall or restriction of interim attachment
9N
Variation of orders and variation or recall of conditions
General and miscellaneous provisions
9P
Expenses of interim attachment
9Q
Recovery of expenses of interim attachment
9R
Ascription of sums recovered while interim attachment is in effect
9S
Ranking of interim attachment
Part 2
Attachment
Attachment
10
Attachment
11
Articles exempt from attachment
12
Times when attachment is not competent
13
Presumption of ownership
13A
Schedule of attachment
Attachment of articles kept outwith dwellinghouses etc.
14
Procedure for attachment of articles kept outwith dwellinghouses etc.
15
Valuation
16
Attachment of mobile homes
17
Report of attachment
18
Redemption
19
Removal and auction of attached articles
19A
Urgent removal of attached articles
Attachment: further procedure
20
Order for security of articles or sale of articles which are perishable etc.
21
Unlawful acts after attachment
22
Release of vehicle from attachment
23
Appeals against valuation
24
Duration of attachment
25
Second attachment at same place
26
Invalidity and cessation of attachment
Auction of attached articles
27
Notice of public auction
28
Alteration of arrangements for removal or auction
29
Cancellation of auctions
30
Auction
31
Disposal of proceeds of auction
32
Report of auction
33
Audit of report of auction
General and miscellaneous provisions
34
Articles belonging to a third party
35
Articles in common ownership
36
Procedure where articles in common ownership are sold at auction
37
Attachment terminated by payment or tender of full amount owing
38
Assistance to debtor
39
Expenses chargeable in relation to attachment etc.
40
Recovery from debtor of expenses of attachment
41
Ascription of sums recovered by attachment or while attachment is in effect
42
Restriction on fees payable by debtor
43
Power to provide for lay representation
44
Legal aid
45
Interpretation of this Part and Parts 3 and 4
Part 3
Attachment of articles kept in dwellinghouses: special procedure
46
Restriction on attachment of articles kept in dwellinghouses
47
Exceptional attachment order
48
Exceptional circumstances
49
Power of entry
50
Unlawful acts before attachment
51
Valuation
52
Articles with sentimental value
53
Removal of articles attached in dwellinghouse
54
Professional valuation
55
Release of articles from attachment
56
Redemption
57
Appeals
Part 4
Abolition of poindings and warrant sales
58
Abolition of poindings and warrant sales
59
Savings
Part 5
Miscellaneous and general
60
Application of this Act to sequestration for rent and arrestment
60A
Electronic signatures
61
Minor and consequential amendments and repeals
62
Regulations and orders
63
Crown application
64
Short title and commencement
SCHEDULE 1
Expenses of attachment etc.
1
Expenses chargeable against the debtor
1A
The expenses referred to in sub-paragraphs (i), (j) and (k)...
2
Where a new date is arranged under section 28(2) above...
3
Where arrangements for an auction are cancelled under subsection (1)...
4
Circumstances where liability for expenses is at the discretion of the sheriff
5
Calculation of amount chargeable against debtor under the foregoing provisions
6
Circumstances where no expenses are due to or by either party
7
If— (a) an application mentioned in paragraph 6(a) above is...
8
Paragraphs 6 and 7 do not apply to expenses incurred—...
SCHEDULE 2
Non-essential assets
1
For the purposes of Part 3 of this Act, “non-essential...
2
None of the following is a non-essential asset for the...
3
The articles referred to in paragraph 2(a) above are—
4
The articles referred to in paragraph 2(b) above are the...
5
The Scottish Ministers may by regulations modify paragraph 4 above...
SCHEDULE 3
Minor and consequential amendments and repeals
Part 1
Acts
1
Companies Clauses Consolidation (Scotland) Act 1845 (c.17)
2
Lands Clauses Consolidation (Scotland) Act 1845 (c.19)
3
Railway Clauses Consolidation (Scotland) Act 1845 (c.33)
4
Markets and Fairs Clauses Act 1847 (c.14)
5
Harbours, Docks and Piers Clauses Act 1847 (c.27)
6
Entail Amendment Act 1853 (c.94)
7
Writs Execution (Scotland) Act 1877 (c.40)
8
Sheriff Courts (Scotland) Extracts Act 1892 (c.17)
9
Public Health (Scotland) Act 1897 (c.38)
10
Local Government (Scotland) Act 1947 (c.43)
11
Taxes Management Act 1970 (c.9)
12
Water (Scotland) Act 1980 (c.45)
13
Matrimonial Homes (Family Protection)
(Scotland) Act 1981 (c.59)
14
Car Tax Act 1983 (c.53)
15
Bankruptcy (Scotland) Act 1985 (c.66)
16
Gas Act 1986 (c.44)
17
Debtors (Scotland) Act 1987 (c.18)
18
Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c.47)
19
Income and Corporation Taxes Act 1988 (c.1)
20
Child Support Act 1991 (c.48)
21
Social Security Administration Act 1992 (c.5)
22
Local Government Finance Act 1992 (c.14)
23
Local Government etc. (Scotland) Act 1994 (c.39);
24
Proceeds of Crime (Scotland) Act 1995 (c.43)
25
Criminal Procedure (Scotland) Act 1995 (c.46)
26
Finance Act 1997 (c.16)
27
Abolition of Poindings and Warrant Sales Act 2001 (asp 1)
28
Water Industry (Scotland) Act 2002 (asp 3)
29
Proceeds of Crime Act 2002 (c.29)
Part 2
Subordinate legislation
30
Stamp Duty Reserve Tax Regulations 1986 (S.I. 1986/1711)
31
Confiscation of the Proceeds of Drug Trafficking (Designated Countries and Territories) (Scotland) Order 1991 (S.I. 1991/1467)
32
Merchant Shipping (Ministry of Defence Commercially Managed Ships) Order 1992 (S.I. 1992/1293)
33
Merchant Shipping (Ministry of Defence Yachts) Order 1992 (S.I. 1992/1294)
34
Insurance Premium Tax Regulations 1994 (S.I. 1994/1774)
35
Lloyd’s Underwriters (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) Regulations 1995 (S.I. 1995/3225)
36
Landfill Tax Regulations 1996 (S.I. 1996/1527)
37
Stamp Duty (Collection and Recovery of Penalties) Regulations 1999 (S.I. 1999/2537)
38
Civil Legal Aid (Scotland) Regulations 2002 (S.S.I. 2002/494)

Debt Arrangement and Attachment (Scotland) Act 2002
2002 asp 17
An Act of the Scottish Parliament to provide a scheme under which individuals may arrange for their debts to be paid under payment programmes; to create a new diligence in relation to corporeal moveable property owned by a debtor; to make special provision for the use of that diligence in relation to property kept in dwellinghouses; to abolish poindings and warrant sales; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 13th November 2002 and received Royal Assent on 17th December 2002
Act modified (21.2.2009) by Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009 (S.I. 2009/317), arts. 1, 3, Sch.
Act applied (with modifications) (8.2.2011) by The Investment Bank Special Administration Regulations 2011 (S.I. 2011/245), reg. 1, Sch. 6 Pt. 1 (with reg. 27(a))
Act applied (with modifications) (31.12.2020) by The International Recovery of Maintenance (Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance 2007) (EU Exit) Regulations 2018 (S.I. 2018/1125), regs. 1, 8; 2020 c. 1, Sch. 5 para. 1(1)
Act applied (with modifications) (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), reg. 2, Sch. 3 paras. 2, 3 (with reg. 5) (as amended (4.1.2024) by S.I. 2023/1399, regs. 1(2), 4, 21(2))