The Diligence against Earnings (Variation) (No. 2) (Scotland) Regulations 2009

Made10th November 2009

Laid before the Scottish Parliament13th November 2009

Coming into force6th April 2010

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 49(7)(a), 53(3) and 63(6) of the Debtors (Scotland) Act 19871 and all other powers enabling them to do so.

Citation and commencement1.

These Regulations may be cited as the Diligence against Earnings (Variation) (No. 2) (Scotland) Regulations 2009 and come into force on 6th April 2010.

Rate of deductions in diligence against earnings2.

In the Debtors (Scotland) Act 1987—

(a)

in sections 53(2)(b) (deductions to be made under current maintenance arrestments) and 63(4)(b) (deductions to be made under conjoined arrestment orders), for “£12”2 substitute “£13.64”; and

(b)

for Tables A, B and C of Schedule 23 (deductions to be made under earnings arrestments), substitute respectively Tables A, B and C in the Schedule to these Regulations.

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

10th November 2009

SCHEDULE

Regulation 2(b)

TABLE A: DEDUCTIONS FROM WEEKLY EARNINGS

Net earnings	Deduction*
Not exceeding £95.77	Nil
Exceeding £95.77 but not exceeding £346.15	£4 or 19% of earnings exceeding £95.77, whichever is the greater
Exceeding £346.15 but not exceeding £576.92	£47.57 plus 23% of earnings exceeding £346.15
Exceeding £576.92	£100.65 plus 50% of earnings exceeding £576.92

When applying a percentage the calculation should be done to two decimal places of a penny and the result rounded to the nearest whole penny, with an exact half penny being rounded down.

TABLE B: DEDUCTIONS FROM MONTHLY EARNINGS

Net earnings	Deduction*
Not exceeding £415	Nil
Exceeding £415 but not exceeding £1,500	£15 or 19% of earnings exceeding £415, whichever is the greater
Exceeding £1,500 but not exceeding £2,500.00	£206.15 plus 23% of earnings exceeding £1,500
Exceeding £2,500	£436.15 plus 50% of earnings exceeding £2,500

When applying a percentage the calculation should be done to two decimal places of a penny and the result rounded to the nearest whole penny, with an exact half penny being rounded down.

TABLE C: DEDUCTIONS FROM DAILY EARNINGS

Net earnings	Deduction*
Not exceeding £13.64	Nil
Exceeding £13.64 but not exceeding £49.32	£0.50 or 19% of earnings exceeding £13.64, whichever is the greater
Exceeding £49.32 but not exceeding £82.19	£6.78 plus 23% of earnings exceeding £49.32
Exceeding £82.19	£14.34 plus 50% of earnings exceeding £82.19

When applying a percentage the calculation should be done to two decimal places of a penny and the result rounded to the nearest whole penny, with an exact half penny being rounded down.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations 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 in sections 53(2)(b) and 63(4)(b) of the Act, used to determine the sum to be deducted from earnings subject to a current maintenance arrestment or conjoined arrestment order, from £12 to £13.64.

Regulation 2(b) substitutes new Tables A, B and C for those in Schedule 2 to the Act which describe the deductions to be made from earnings subject to an earnings arrestment.

These new figures reflect the median earnings in the Office for National Statistics’ 2008 Annual Survey of Hours and Earnings, which have increased since the figures were last amended in 2006 by the Diligence against Earnings (Variation) (Scotland) Regulations 2006. The Survey is available on the website of the Office for National Statistics website at www.statistics.gov.uk.

In accordance with sections 53(4) and (5), 63(7) and (8) and 69(1) and (2) of the Act, these Regulations do not apply to existing diligences until the Regulations are intimated to employers, unless employers choose to apply them. If they do not choose to do so the figures substituted by the Diligence against Earnings (Variation) (Scotland) Regulations 2006 will continue to apply until intimation takes place.