Article 9 Conjoined arrestment orders

(1)

The 1988 Rules are amended in accordance with the following subparagraphs.

(2)

In Form 43 in the Schedule (application for a conjoined arrestment order)^f1—

(a)

in paragraph 1, after the entry for “The employer” insert—

“Debtor’s place of employment : (address)”;

(b)

before the paragraph beginning “The applicant asks the court” insert—

“8.

A debt advice and information package was provided to the debtor on (insert date).”.

(3)

In Form 45 in the Schedule (conjoined arrestment order)^f2—

(a)

in the section beginning “SPECIFIES”—

(i)

for “Current maintenance” substitute “Current maintenance debt”; and

(ii)

for “Daily rate” substitute “Daily rate recoverable”;

(b)

for the last sentence of paragraph 5 of the “instructions to employer” substitute—

“If the debtor ceases to be employed by the employer, the employer must, as soon as is reasonably practicable, notify the sheriff clerk of that fact and, so far as is known to him, of the name and address of any new employer of the debtor.”.

(4)

In Form 46 in the Schedule (notice of service of conjoined arrestment order), for the last sentence of the first paragraph substitute—

“If the debtor ceases to be employed by the employer, the employer must, as soon as is reasonably practicable, notify the sheriff clerk of that fact and, so far as is known to him, of the name and address of any new employer of the debtor.”.

(5)

In Form 51 in the Schedule (notice of service of an order varying a conjoined arrestment order), for the last sentence substitute—

“If the debtor ceases to be employed by the employer, the employer must, as soon as is reasonably practicable, notify the sheriff clerk of that fact and, so far as is known to him, of the name and address of any new employer of the debtor.”.

Annotations

Footnotes

f1: Form 43 was amended by S.S.I. 2002/560.
f2: Form 45 was amended by S.I. 1993/920 and S.S.I. 2008/121.