SCHEDULE 5

Minor and consequential amendments

The Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)
30
1
The 2002 Act is amended as follows.
2
In section 10(3) (competence of attachment), for paragraphs (a) and (b) substitute—
a
the debtor has been charged to pay the debt;
b
the period for payment specified in the charge has expired without payment being made; and
c
where the debtor is an individual, the creditor has, no earlier than 12 weeks before taking any steps to execute the attachment, provided the debtor with a debt advice and information package.
.
3
In section 11 (articles exempt from attachment)—
a
in subsection (1), after paragraph (d) insert—
e
any money.
; and
b
after subsection (2) insert—
3
In subsection (1)(e) above, “money” has the same meaning as in section 175 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3).
.
4
After section 13 insert—

Schedule of attachment
13A
1
The officer must, immediately after executing an attachment, complete a schedule such as is mentioned in subsection (2) below (in this section, the “attachment schedule”).
2
An attachment schedule—
a
must be in (or as nearly as may be in) the form prescribed by Act of Sederunt; and
b
must specify—
i
the articles attached; and
ii
their value, so far as ascertainable.
3
The officer must—
a
give a copy of the attachment schedule to the debtor; or
b
where it is not practicable to do so—
i
give a copy of the schedule to a person present at the place where the attachment was executed; or
ii
where there is no such person, leave a copy of it at that place.
4
An attachment is executed on the day on which the officer complies with subsection (3) above.
.
5
In section 14 (procedure for attachment of articles kept outwith dwellinghouses), for “19” substitute “ 19A ”.
6
In section 15, the title to that section becomes “ Valuation ”.
7
In section 28(1)(b) (restriction on alteration of arrangements for auctions), for “19” substitute “ 19A ”.
8
In section 32 (report of auction)—
a
in subsection (2)(a), after sub-paragraph (iii) insert—
iiia
any sums paid by the debtor to account of the sum recoverable;
; and
b
in subsection (4), for the words from “Court” to the end substitute “ Scottish Civil Enforcement Commission under section 67(1)(b) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3). ”.
9
In section 33 (audit of report of auction)—
a
in subsection (7), for the words from “providing” to the end substitute—
a
giving—
i
the debtor;
ii
the creditor; and
iii
any third party who claims ownership (whether alone or in common with the debtor) of any attached article,
an opportunity to make representations; or
b
holding a hearing.
; and
b
in subsection (8), for “debtor” substitute “ persons mentioned in subsection (7)(a) above. ”.
10
In section 34 (articles belonging to third parties), in subsection (1)(b)(ii), for “so satisfied” substitute “ satisfied that the claim is valid ”.
11
In section 40 (recovery from debtor of expenses of attachment)—
a
in subsection (3)—
i
in paragraph (a), for “9(2)(a), (d) or (e)” substitute “ 9(2)(d) or (10)(b) ”; and
ii
in paragraph (c), for “presentation of a petition for an administration order” substitute “ appointment of an administrator ”; and
b
in subsection (4)(b), for “administration order” substitute “ appointment ”.
12
In section 41(2)(a) (ascription of sums recovered by attachment), after sub-paragraph (i) insert—
ia
any previous interim attachment the expenses of which are chargeable against and recoverable from the debtor under section 9Q(1)(a) of this Act;
.
13
In section 45 (interpretation of Parts 2, 3 and 4 of that Act), in the definition of “officer”, for the words from “the” where it first occurs to the end substitute “ a judicial officer appointed by a creditor ”.
14
In section 60(2) (application of the Act to sequestration for rent and arrestment) for the words “such a” substitute “ the landlord's ”.
15
In schedule 1, in paragraph 1, before “2” insert “ 1A, ”.
Sch. 5 para. 30 partly in force; Sch. 5 para. 30 not in force at Royal Assent see s. 227; Sch. 5 para. 30(1)(5)-(8)(a)(15) in force for certain purposes and Sch. 5 para. 30(10)(11)(a)(ii)(b) in force at 31.3.2007 by S.S.I. 2007/82, art. 4(e); Sch. 5 para. 30(2)(12)(14) in force and Sch. 5 para. 30(1)(4) in force for certain purposes at 1.4.2008 by S.S.I. 2008/115, art. 3(2){(4)}, Schs. 1, 3 (subject to art. 3(3) and with arts. 4-6, 10); Sch. 5 para. 30(1) in force for certain further purposes and Sch. 5 para. 30(4)(9)(11)(a)(i) in force at 22.4.2009 by S.S.I. 2009/67, art. 3(2)(3), Sch. 1 para. 8 (with transitional modifications and savings in arts. 4-6); Sch. 5 para. 30(1) in force for certain purposes and Sch. 5 para. 30(3) in force at 23.11.2009 by S.S.I. 2009/369, art. 3(2)(3), Sch. 1 para. 17 (with transitional modifications in art. 4)