(This note is not part of the Regulations)

Regulations 2 and 3 make changes to certain figures relating to diligence against earnings in Part III of the Debtors (Scotland) Act 1987 (“the Act”).

Regulation 2(a) increases the figure set out in sections 53(2)(b) and 63(4)(b) of the Act, used in the calculation of deductions from a person’s pay when that pay is subject to a current maintenance arrestment or conjoined arrestment order, from £10 to £12.

Regulation 2(b) substitutes new Tables A, B and C for those in Schedule 2 to the Act which set out the deductions to be made from a person’s pay when that pay is subject to an earnings arrestment.

These new figures reflect the increase in the Average Earnings Index since the figures were last amended in 2001 by the Diligence against Earnings (Variation) (Scotland) Regulations 20014.

Regulation 3 increases the fee set out in section 71 of the Act, which an employer may charge the debtor for operating diligence against earnings, from 50 pence to £1.