# The Arrestment Jurisdiction (Scotland) Order 2009

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

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)

Made under: Bankruptcy and Diligence etc. (Scotland) Act 2007

PDFs: Printed copy https://openlegislation.uk/arrestment-jurisdiction-scotland-order-2009/pdf/ssi_20090066_en.pdf; Executive Note https://openlegislation.uk/arrestment-jurisdiction-scotland-order-2009/pdf/ssien_20090066_en.pdf

## Introductory text

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 2007 and all other powers enabling them to do so.

## 1 Citation and commencement

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

## 2 Interpretation

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 1987; and
(b) references to sections are to sections in Part 3A of that Act.

## 3 Applications 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.

## 4 Applications 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.

## 5 Applications 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.

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Source: https://www.legislation.gov.uk/ssi/2009/66 (the official version)
Page: https://openlegislation.uk/arrestment-jurisdiction-scotland-order-2009
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.