Debtors (Scotland) Act 1880

1880 CHAPTER 34 43 and 44 Vict

An Act to abolish Imprisonment for Debt, and to provide for the better Punishment of Fraudulent Debtors in Scotland; and for other purposes.

[7th September 1880]

Modifications etc. (not altering text)

C1 Act explained (5.4.1993) by Child Support Act 1991 (c. 48, SIF 20), s. 40(13); S.I. 1992/2644, art.2

Commencement Information

I1 Act wholly in force at Royal Assent

[F1 1 Short title. S

This Act may be cited for all purposes as the Debtors (Scotland) Act 1880.]

Textual Amendments

F1 Ss. 1, 2 repealed by Bankruptcy (Scotland) Act 1913 (c. 20), Sch. 1

[F2 2 Extent of title. S

This Act shall extend to Scotland only.]

Textual Amendments

F2 Ss. 1, 2 repealed by Bankruptcy (Scotland) Act 1913 (c. 20), Sch. 1

3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 S

Textual Amendments

F3 Ss. 3, 5–16 and Sch. repealed by Bankruptcy (Scotland) Act 1913 (c. 20), Sch. 1

Abolition of Imprisonment for Debt S

4 Abolition of imprisonment for debt, with certain exceptions. S

With the exceptions herein-after mentioned, no person shall be apprehended or imprisoned on account of any civil debt.

There shall be excepted from the operation of the above enactment,—

[F4 1. Taxes, fines, or penalties due to Her Majesty, and rates and assessments lawfully imposed or to be imposed:]

[F4 1. Fines imposed for contempt of court or under section 91 of the Court of Session Act 1868.]

2. Sums decerned for aliment:

[F5 Provided that no person shall be imprisoned in any case excepted from the operation of this section for a longer period than twelve months.]

Nothing contained in this Act shall affect or prevent the apprehension or imprisonment of any person under [F5 a warrant granted against him as being in meditatione fugæ, or under]any decree [F5 or obligation]ad factum præstandum.

Textual Amendments

F4 S. 4 para. 1 beginning “Fines imposed” substituted (S.) for para. 1 beginning “Taxes, fines” by Debtors (Scotland) Act 1987 (c. 18, SIF 45:2), s. 108, Sch. 6 para. 8, Sch. 7 paras. 5, 9(1)

F5 Proviso and words repealed (S.) by Debtors (Scotland) Act 1987 (c. 18, SIF 45:2), s. 108, Sch. 7 paras. 5, 9(1), Sch. 8

Modifications etc. (not altering text)

C2 S. 4 restricted by Crown Proceedings Act 1947 (c. 44), ss. 26(2), 49

5—16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 S

Textual Amendments

F6 Ss. 3, 5–16 and Sch. repealed by Bankruptcy (Scotland) Act 1913 (c. 20), Sch. 1

F7 F7 SCHEDULE S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Ss. 3, 5–16 and Sch. repealed by Bankruptcy (Scotland) Act 1913 (c. 20), Sch. 1