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The Arrestment Jurisdiction (Scotland) Order 2009

S.S.I. 2009/66 · Made 23 February 2009

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

ENFORCEMENT

DEBT

DILIGENCE

Made 23rd February 2009

Laid before the Scottish Parliament 24th February 2009

Coming into force 22nd 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 2007f1 and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

2007 asp 3 (“the 2007 Act”).

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Applications to sheriff on failure to disclose property and funds attached on arrestment
  4. 4Applications to sheriff to recall or restrict arrestment on notice of objection
  5. 5Applications to sheriff for release of property as unduly harsh
  6. Signature
  7. Explanatory note

1Citation and commencement

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

2Interpretation

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 1987f1; and

(b)

references to sections are to sections in Part 3A of that Actf2.

3Applications to sheriff on failure to disclose property and funds attached on arrestment

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.

4Applications to sheriff to recall or restrict arrestment on notice of objection

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.

5Applications to sheriff for release of property as unduly harsh

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.

Signature

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

23rd February 2009

Explanatory note

(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.