{
  "url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016/schedule-1/part-15",
  "json_url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016/schedule-1/part-15.json",
  "legislation": "ssi/2016/200",
  "legislation_title": "Act of Sederunt (Simple Procedure) 2016",
  "legislation_url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016",
  "path": "schedule/1/part/15",
  "kind": "part",
  "number": "15: How to enforce a decision",
  "heading": null,
  "text": "15.1\nWhat is this Part about?\n(1)\nThis Part is about the steps which a successful party must take to enforce a decision.\n15.2\nWhen can a party enforce a decision?\n(1)\nAfter the Decision Form is sent, a party must wait 4 weeks before enforcing a decision.\n(2)\nA party must not enforce a decision if that decision is being appealed (see Part 16).\n(3)\nA party who is sent an order arranging a discussion in court at which the sheriff will consider an Application to Recall must not enforce a decision until the sheriff has decided whether to recall the decision.\n(4)\nA party must not enforce a decision which has been recalled.\n15.3\nHow can a party enforce a decision?\n(1)\nIf a party uses a trading name, a decision which names the party using that trading name may be enforced against the party by that name.\n(2)\nBefore enforcing a decision for the payment of a sum of money in the following ways:\n(a)\nan earnings arrestment (which is where a deduction is made from the earnings of the other party as a way of paying that sum of money),\n(b)\nan attachment (which is where certain goods owned by the other party are seized and sold as a way of paying that sum of money),\n(c)\na money attachment (which is where money in the possession of the other party is seized as a way of paying that sum of money),\nthe successful party must formally serve a Charge on the other party by sheriff officer using a method of formal service mentioned in rule 18.3.\n(3)\nThe purpose of formally serving the Charge is to give the other party one last chance to pay the sum of money ordered by the court.\n(4)\nThe Charge must demand payment:\n(a)\nwithin 2 weeks if the other party is in the United Kingdom,\n(b)\nwithin 4 weeks if the other party is outside the United Kingdom,\n(c)\nwithin 4 weeks if the other party's address is unknown.\n(5)\nIf the demand in the Charge is not complied with, then the successful party may instruct a sheriff officer to enforce the decision.\n(6)\nThe requirement to formally serve by sheriff officer is subject to the exceptions in sections 2 and 3 of the Execution of Diligence (Scotland) Act 1926.\n(7)\nThe Charge must be in the form set out in the schedule of the Act of Sederunt (Form of charge for payment) 1988.\n(8)\nWhere the Charge is formally served, the sheriff officer is not required to send a Confirmation of Formal Service to the court.\n15.4\nWhat if the claimant does not know the respondent's address?\n(1)\nWhere the claimant is successful but does not know the respondent's address, the claimant must take all reasonable steps to find out the respondent's address.\n(2)\nIf the claimant does not know the respondent's address, then instead of formally serving the Charge on the respondent, the claimant must formally serve it by sheriff officer on the sheriff clerk in the sheriff court district where the respondent's last known address was.\n(3)\nThe sheriff clerk must then publicise the Charge by advertising its details on the Scottish Courts and Tribunals Service website for 4 weeks.\n(4)\nAfter that 4 weeks, the sheriff clerk must certify on the Charge that the advertisement took place and send it to the person who formally served it.\n(5)\nThe claimant may then instruct a sheriff officer to enforce the decision.\n15.5\nWhat if the respondent does not comply with a decision?\n(1)\nA claimant may make an Alternative Decision Application where the respondent does not comply with a decision which:\n(a)\norders the respondent to deliver something to the claimant, or\n(b)\norders the respondent to do something for the claimant.\n(2)\nAn Alternative Decision Application may only be made where the sheriff alternatively ordered the respondent to pay the claimant a sum of money.\n(3)\nThe application is made by sending an Alternative Decision Application to the court.\n(4)\nAfter considering the Alternative Decision Application, ...the sheriff may ...:\n(a)\ngrant the application, and order the respondent to pay the claimant a sum of money,\n(b)\nrefuse the application,\n(c)\norder the claimant to appear at a discussion in court, where the sheriff will consider whether to make any orders.\n(5)\nA copy of the alternative Decision Form is to be sent to all parties.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 1 rule 15.2(3) substituted (30.7.2018) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2018 (S.S.I. 2018/191), paras. 1(2), 2(2)(m) (with para. 3)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Sch. 1 rule 15.3(2) substituted (15.6.2017) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2017 (S.S.I. 2017/154), paras. 1(2), 2(2)(e)(i)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Sch. 1 rule 15.3(6) inserted (28.11.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2016 (S.S.I. 2016/367), paras. 1(2), 5(3)(b)(ii)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Sch. 1 rule 15.3(7) inserted (15.6.2017) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2017 (S.S.I. 2017/154), paras. 1(2), 2(2)(e)(ii) (with para. 4)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Sch. 1 rule 15.3(8) inserted (30.7.2018) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2018 (S.S.I. 2018/191), paras. 1(2), 2(2)(n)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in sch. 1 rule 15.4(2) inserted (28.11.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2016 (S.S.I. 2016/367), paras. 1(2), 5(3)(c)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Sch. 1 rule 15.4(5)(6) renumbered as 15.4(4)(5) (28.11.2016) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016 (S.S.I. 2016/315), paras. 1(2), 7(3)(q)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Word in sch. 1 rule 15.4(4) substituted (28.11.2016) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016 (S.S.I. 2016/315), paras. 1(2), 7(3)(r)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in sch. 1 rule 15.5(4) omitted (28.11.2016) by virtue of Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016 (S.S.I. 2016/315), paras. 1(2), 7(3)(s)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in sch. 1 rule 15.5(4) omitted (31.5.2023) by virtue of Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 (S.S.I. 2022/211), paras. 1(2), 2(2)(z)(i) (with para. 3)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Sch. 1 rule 15.5(5) inserted (31.5.2023) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 (S.S.I. 2022/211), paras. 1(2), 2(2)(z)(ii) (with para. 3)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2016/200/schedule/1/part/15",
    "retrieved_at": "2026-10-28T21:23:36.581509+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}