1In section 114 (remedy where officer of a company fails to render an account of monies received by the officer on behalf of the company) of the Companies Clauses Consolidation (Scotland) Act 1845, for “poinding and sale” there is substituted “ attachment ”.
2In section 11 (payment of feu duties or ground annuals charged as tolls or rates) of the Lands Clauses Consolidation (Scotland) Act 1845, the words from “, or”, where it fifth occurs, to the end are repealed.
3In the Railways Clauses Consolidation (Scotland) Act 1845—
(a)in section 132 (recovery of damages, charges or expenses), the words from “and”, where it second occurs, to the end; and
(b)sections 138 (recovery of penalties) and 139 (imprisonment in default of sufficient poinding),
are repealed.
4In sections 38 (recovery of tolls etc.) and 39 (settlement of disputes concerning tolls etc.) of the Markets and Fairs Clauses Act 1847, the words “, and in Scotland by poinding and sale,”, where they occur in each section are repealed.
5In section 46 (disputes concerning recovery of rates or charges) of the Harbours, Docks and Piers Clauses Act 1847, for “poinding and sale” there is substituted “ attachment ”.
6In section 16 (recovery of feu duties and ground annuals payable by a company) of the Entail Amendment Act 1853, the words “, or summarily by poinding and sale of the goods and effects of such company on application by petition to such sheriff” are repealed.
7In paragraph (a) of section 3 (effect of warrant for diligence in extract decree) of the Writs Execution (Scotland) Act 1877, for “poinding”, in both places where it occurs, there is substituted “ attachment ”.
8In paragraph (a) of section 7(1) (effect of warrant for diligence in extract decree) of the Sheriff Courts (Scotland) Extracts Act 1892, for “poinding”, in both places where it occurs, there is substituted “ attachment ”.
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Textual Amendments
F1Sch. 3 para. 9 repealed (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1
10(1)The Local Government (Scotland) Act 1947 is amended in accordance with this paragraph.
(2)In section 247(3) (diligences which can be used to recover rates), for paragraph (a) there is substituted—
“(a)an attachment;”.
(3)In section 247A(1) (sheriff officer’s fees and outlays), for the words from “paragraphs” to “sale)” there is substituted “ section 39(1) of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) (expenses of attachment) ”.
11(1)The Taxes Management Act 1970 is amended in accordance with this paragraph.
(2)In section 63(2) (diligences which can be used to recover tax), for paragraph (a) there is substituted—
“(a)an attachment;”.
(3)In section 63A(1) (sheriff officer’s fees and outlays), for the words from “paragraphs” to “sale)” there is substituted “ section 39(1) of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) (expenses of attachment) ”.
12In section 35(2)(b) (which provides that water fittings are not subject to diligence, to the landlord’s hypothec or to bankruptcy proceedings) of the Water (Scotland) Act 1980, for “poinding or other” there is substituted “ any ”.
13In section 11 (which enables a poinding of furniture or plenishings possessed or used by a debtor’s spouse to be annulled) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981—
(a)for “a poinding” there is substituted “ an attachment ”; and
(b)for “the poinding”, in each place where it occurs, there is substituted “ the attachment ”.
14(1)Paragraph 3 of Schedule 1 to the Car Tax Act 1983 is amended in accordance with this paragraph.
(2)In sub-paragraph (4) (diligences which can be used to recover car tax), for sub-sub-paragraph (a) there is substituted—
“(a)an attachment;”.
(3)In sub-paragraph (5) (sheriff officer’s fees and outlays), for the words from “paragraphs” to “sale)” there is substituted “ section 39(1) of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) (expenses of attachment) ”.
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Textual Amendments
F2Sch. 3 para. 15 repealed (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 9 Pt. 1 (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
16(1)The Gas Act 1986 is amended in accordance with this paragraph.
(2)In paragraph 29(2) (which provides that gas meters and fittings are not subject to poinding or to bankruptcy proceedings) of Schedule 2B, for “poinding” there is substituted “ attachment ”.
(3)In paragraph 19(2) (which provides that gas fittings lent to or hired by a consumer are not subject to poinding or to bankruptcy proceedings) of Schedule 5, for “poinding” there is substituted “ attachment ”.
17(1)The Debtors (Scotland) Act 1987 is amended in accordance with this paragraph.
(2)In section 2(1)(b) (effect of time to pay direction on diligence), for sub-paragraph (ii) there is substituted—
“(ii)an attachment;”.
(3)In section 8(1) (effect of interim time to pay order on diligence), for paragraph (a) there is substituted—
“(a)to auction any articles which have been attached;”.
(4)In section 9 (effect of time to pay order on diligence)—
(a)in subsection (1)(b), for sub-paragraph (ii) there is substituted—
“(ii)an attachment;”;
(b)in subsection (2)(d), for “a poinding” there is substituted “ an attachment ”;
(c)in subsection (3)—
(i)for “a poinding” there is substituted “ an attachment ”; and
(ii)for “the poinding” there is substituted “ the attachment ”;
(d)in subsection (4), for the words from “a poinding” to the end there is substituted “ an attachment, making a report of attachment under section 17 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) or applying for an order under section 20(1) of that Act. ”;
(e)in subsection (8)(a)—
(i)for “21(1)(b) of this Act” there is substituted “ 20(1) or 22(3) of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) ”; and
(ii)for “poinded” there is substituted “ attached ”;
(f)in subsection (9)—
(i)for “27 of this Act” there is substituted “ 24 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) ”; and
(ii)for “a poinding” there is substituted “ an attachment ”; and
(g)in subsection (12)—
(i)for “25 of this Act” there is substituted “ 25 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) ”;
(ii)for “a poinding” there is substituted “ an attachment ”; and
(iii)for “another poinding” there is substituted “ another attachment ”.
(5)In section 10 (variation and recall of time to pay orders)—
(a)in subsection (1)(b)—
(i)for “a poinding” there is substituted “ an attachment ”; and
(ii)for “the poinding” there is substituted “ the attachment ”; and
(b)in subsection (2) for “a poinding” there is substituted “ an attachment ”.
(6)In section 13(2) (saving of creditor’s rights and remedies on recall of poinding or arrestment)—
(a)in subsection (b), for “a poinding” there is substituted “ an attachment ”; and
(b)in the full-out words at the end, for “poinding” there is substituted “ attachment ”.
(7)In section 15(1), the definition of “poinding” is repealed.
(8)In section 70(1)(b) (which stipulates the dates on which an earnings arrestment schedule, current maintenance arrestment schedule or conjoined arrestment order may not be served), for “17(1) of this Act” there is substituted “ 12(1) of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) ”.
(9)In paragraph (a) of section 87(2) (effect of warrant for diligence in extract decree), for “poinding”, in both places where it occurs, there is substituted “ attachment ”.
(10)In section 90 (which provides, among other matters, that poindings are not competent unless a charge for payment has not been met), for “a poinding”, wherever it occurs, there is substituted “ an attachment ”.
(11)In section 93 (which provides for the recovery of expenses of certain diligences)—
(a)paragraph (a) of subsection (1); and
(b)subsection (3),
are repealed.
(12)In section 94 (which provides for the prescription of sums recovered by diligence)—
(a)paragraph (a) of subsection (1); and
(b)the word “poinding,” in subsection (2)(b),
are repealed.
(13)In section 95(1) (termination of certain diligences on payment or tender of full amount owing), paragraph (a) is repealed.
(14)Section 99(which applies certain provisions of the 1987 Act to sequestration for rent and arrestment) is repealed.
(15)In section 103 (appeals)—
(a)in subsection (1), the words “21(1), 27(4), 43(5)” and “and paragraphs 6(1), 11(4) and 14(5) of Schedule 5 thereto”; and
(b)in subsection (7), paragraphs (a) to (j) and (q),
are repealed.
(16)In section 104 (regulations)—
(a)in subsection (1), the words “except as provided in subsection (2) below”; and
(b)subsection (2),
are repealed.
(17)In section 106(interpretation), the definition of “warrant of sale” is repealed.
(18)In Schedule 7 (transitional provisions), paragraphs 4, 7(1)(a) and 9(4)(a) are repealed.
18(1)Schedule 2 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987 is amended in accordance with this paragraph.
(2)In paragraph 7(3) (diligences which can be used to recover community charge), for paragraph (a) there is substituted—
“(a)an attachment;”.
(3)In paragraph 8(1) (sheriff officer’s fees and outlays), for the words from “paragraphs” to “1987” there is substituted “ section 39(1) of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) (expenses of attachment) ”.
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Textual Amendments
F3Sch. 3 para. 19 repealed (6.4.2007) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 3 Pt. 1 (with Sch. 2)
20In paragraph (a) of section 38(1) (effect of liability order) of the Child Support Act 1991, for “a poinding and sale under Part II of the Debtors (Scotland) Act 1987” there is substituted “ an attachment ”.
21In section 121B of the Social Security Administration Act 1992—
(a)in subsection (1) (diligences which can be used to recover unpaid contributions), for paragraph (a) there is substituted—
“(a)an attachment;”;
and
(b)in subsection (4) (sheriff officer’s fees and outlays), for the words from “paragraphs” to “sale)” there is substituted “ section 39(1) of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) (expenses of attachment) ”.
22(1)Schedule 8 to the Local Government Finance Act 1992 is amended in accordance with this paragraph.
(2)In paragraph 2(3), for paragraph (a) there is substituted—
“(a)an attachment;”.
(3)In paragraph 4(1) (sheriff officer’s fees and outlays), for the words from “paragraphs” to “1987” there is substituted “ section 39(1) of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) (expenses of attachment) ”.
23(1)Schedule 10 to the Local Government etc. (Scotland) Act 1994 is amended in accordance with this paragraph.
(2)In paragraph 2(3) (diligences which can be used to recover water and sewerage charges), for sub-sub-paragraph (a) there is substituted—
“(a)an attachment;”.
(3)In paragraph 4(1) (sheriff officer’s fees and outlays), for the words from “paragraphs” to “1987” there is substituted “ section 39(1) of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) (expenses of attachment) ”.
24In paragraph 7(a) (poinding and arrestment not competent in respect of property being administered under the Act) of Schedule 1 to the Proceeds of Crime (Scotland) Act 1995 for “poinding” there is substituted “ attachment ”.
25In section 221(1)(a) (authorisation of recovery of fine by civil diligence) of the Criminal Procedure (Scotland) Act 1994, for “poinding”, in both places where it occurs, there is substituted “ attachment ”.
26In section 52 of the Finance Act 1997—
(a)in subsection (2) (diligences which can be used to recover certain taxes), for paragraph (a) there is substituted—
“(a)an attachment”;
and
(b)in subsection (3) (sheriff officer’s fees and outlays), for the words from “paragraphs” to “sale)” there is substituted “ section 39(1) of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) (expenses of attachment) ”.
27The Abolition of Poindings and Warrant Sales Act 2001 is repealed.
28In paragraph 2(3) (diligences which can be used to recover unpaid charges) of schedule 4 to the Water Industry (Scotland) Act 2002, before paragraph (a) there is inserted—
“(za)an attachment,”.
29(1)In section 285 (effect of recovery order on diligence)—
(a)for “poinding”, where it occurs in subsections (1) and (7) there is substituted “ attachment ”; and
(b)in subsection (2), for “poinded” there is substituted “ attached. ”
(2)In paragraph 7 (effect of appointment of administrator on diligence) of Schedule 3—
(a)in subsection (1)—
(i)for “poinding” there is substituted “ attachment ”; and
(ii)for “poinder” there is substituted “ attacher ”; and
(b)in subsection (2), for “poinded” there is substituted “ attached ”.