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The Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No. 5 and Transitional) Order 2009

S.S.I. 2009/369 · Made 27 October 2009 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 31 January 2011.

Debt

Diligence

Made 27th October 2009

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 224(2) and 227(3) and (4) of the Bankruptcy and Diligence etc. (Scotland) Act 2007f1.

Annotations to the whole text

Footnotes

f1

2007 asp 3.

Contents

  1. 1Citation
  2. 2Interpretation
  3. 3Appointed day – money attachment
  4. 4Transitional modification of the Act – references to “judicial officer” Repealed
  5. Signature
  6. Schedule Provisions of schedule 5 (minor and consequential amendments) coming into force on 23rd November 2009
  7. Explanatory note

1CitationI1

This Order may be cited as the Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No. 5 and Transitional) Order 2009.

2InterpretationI1

In this Order, “the Act” means the Bankruptcy and Diligence etc. (Scotland) Act 2007.

3Appointed day – money attachmentI1

(1)

The following provisions of the Act, in so far as not already in force, come into force on 23rd November 2009:—

(a)

Part 8 and schedule 3 (money attachment); and

(b)

section 226(1) in so far as relating to the provisions of schedule 5 (minor and consequential amendments) commenced by this Order.

(2)

The minor and consequential amendments in schedule 5 specified in column 1 of the Schedule to this Order, in so far as not already in force, come into force on 23rd November 2009, subject to paragraph (3).

(3)

Where in the Schedule to this Order a purpose is specified in column 2 in relation to an amendment, it comes into force only for that purpose, but where no purpose is specified it comes into force for all purposes (in so far as not already in force).

4Transitional modification of the Act – references to “judicial officer”F1

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

Signature

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

27th October 2009

Provisions of schedule 5 (minor and consequential amendments) coming into force on 23rd November 2009I1

Column 1 – provisionsColumn 2 – purpose
1. Paragraph 1 (the Companies Clauses Consolidation (Scotland) Act 1845f1)
2. Paragraph 2 (the Harbours, Docks and Piers Clauses Act 1847f2)
3. Paragraph 4 (the Writs Execution (Scotland) Act 1877f3)For the purposes of inserting references to money attachment
4. In paragraph 6 (the Sheriff Courts (Scotland) Extracts Act 1892f4)—
(a)sub-paragraph (1)For the purposes of the provisions commenced in this Order
(b)sub-paragraph (2)For the purposes of inserting references to money attachment
5. Paragraph 8 (the Local Government (Scotland) Act 1947f5)
6. Paragraph 9 (the Taxes Management Act 1970f6)
7. Paragraph 10 (the Sheriff Courts (Scotland) Act 1971f7)For the purpose of substituting “, a money attachment”
8. In paragraph 13 (the Bankruptcy (Scotland) Act 1985f8)—
(a)sub-paragraph (1)For the purposes of the provisions commenced in this Order
(b)sub-paragraph (3)(c)(i) and (d)(i), (iii) and (iv)For the purposes of inserting “, money attachment”
9. Paragraph 15 (the Legal Aid (Scotland) Act 1986f9)
10. In paragraph 16 (the Debtors (Scotland) Act 1987f10)—
(a)sub-paragraph (1)For the purposes of the provisions commenced in this Order
(b)sub-paragraph (2)(a)For the purposes of inserting “(v) a money attachment”
(c)sub-paragraph (4)For the purposes of the substitution of section 5(5)(aa) of the 1987 Act
(d)sub-paragraph (7)(a)(iii)
(e)sub-paragraph (8)(a)For the purposes of inserting “(v) a money attachment”
(f)sub-paragraph (11)(a) and (b)For the purposes of inserting “, a money attachment”
11. Paragraph 17 (the Abolition of Domestic Rates (Scotland) Act 1987f11)
12. Paragraph 19 (the Social Security Administration Act 1992f12)
13. Paragraph 20 (the Local Government Finance Act 1992f13)
14. Paragraph 23 (the Criminal Procedure (Scotland) Act 1995f14)
15. Paragraph 24 (the Finance Act 1997f15)
16. In paragraph 26 (the Water Industry (Scotland) Act 2002f16)—
(a)sub-paragraph (1)For the purposes of the provisions commenced in this Order
(b)sub-paragraph (2)
(c)sub-paragraph (3)For the purposes of the insertion of the reference to section 196(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (expenses of money attachment)
17. In paragraph 30 (the Debt Arrangement and Attachment (Scotland) Act 2002f17)—
(a)sub-paragraph (1)For the purposes of the provisions commenced in this Order
(b)sub-paragraph (3)
18. Paragraph 32 (the Finance Act 2003f18)

Explanatory note

(This note is not part of the Order)

Article 3 of this Order brings into force provisions of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (“the Act”), subject to transitional arrangements.

Part 8 and schedule 3 (money attachment) are brought into force on 23rd November 2009, together with related consequential amendments.

Article 4 sets out transitional arrangements for references to “judicial officer” in provisions commenced by this Order to be read as references to messengers-at-arms or sheriff officers prior to the coming into force of section 60 of the Act (abolition of those offices).

The Act received Royal Assent on 15th January 2007. Sections 224, 225 and 227 of the Act came into force on Royal Assent and section 222 came into force on the day after Royal Assent.