The Arrestment Jurisdiction (Scotland) Order 2009

Made23rd February 2009

Laid before the Scottish Parliament24th February 2009

Coming into force22nd April 2009

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 224(2) and 225(1) of the Bankruptcy and Diligence etc. (Scotland) Act 20071 and all other powers enabling them to do so.

Citation and commencement1

This Order may be cited as the Arrestment Jurisdiction (Scotland) Order 2009 and comes into force on 22nd April 2009.

Interpretation2

In this Order–

a

references to a “decree or document of debt” or to a “judgment” are to a decree or document of debt within the meaning of section 73A of the Debtors (Scotland) Act 19872; and

b

references to sections are to sections in Part 3A of that Act3.

Applications to sheriff on failure to disclose property and funds attached on arrestment3

In relation to an application to the sheriff under section 73H (to penalise failure to disclose property and funds attached), “sheriff” means–

a

where the creditor has arrested in pursuance of a warrant granted for diligence on the dependence, the sheriff who granted that warrant; or

b

in execution of a decree or document of debt by arrestment–

i

the sheriff having jurisdiction over the place where the judgment has been or is to be executed; or

ii

the sheriff having jurisdiction over the place where the debtor is domiciled.

Applications to sheriff to recall or restrict arrestment on notice of objection4

In relation to an application to the sheriff under section 73M(1) (to recall or restrict arrestment on notice of objection), “sheriff” means–

a

the sheriff having jurisdiction over the place where the judgment has been or is to be executed by arrestment; or

b

the sheriff having jurisdiction over the place where the debtor is domiciled.

Applications to sheriff for release of property as unduly harsh5

In relation to an application to the sheriff under section 73Q(2) (for release of property as unduly harsh), “sheriff” means–

a

the sheriff having jurisdiction over the place where the judgment has been or is to be executed by arrestment; or

b

the sheriff having jurisdiction over the place where the debtor is domiciled.

FERGUS EWINGAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh23rd February 2009

(This note is not part of the Order)

This Order makes provision for which sheriff is to hear applications under Part 3A of the Debtors (Scotland) Act 1987 inserted by Part 10 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 concerning arrestment–

to penalise failure to disclose property and funds attached (article 3)
to recall or restrict arrestment on notice of objection (article 4)
for the release of property as unduly harsh (article 5)

Where the arrestment is in execution of a decree or document of debt, it is the sheriff having jurisdiction over the place where the judgment has been or is to be executed, or the place where the debtor is domiciled. For penalising failure to disclose property and funds attached, where the creditor has arrested in pursuance of a warrant granted for diligence on the dependence, it is the sheriff who granted the warrant.