OpenLegislation

Section 38 Enforcement of liability orders by diligence: Scotland.C1C2C3

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In Scotland, where a liability order has been made against a person, the order shall be warrant anywhere in Scotland—

(a)

for the F1Secretary of State to charge the person to pay the appropriate amount and to recover that amount by F2an attachment and, in connection therewith, for the opening of shut and lockfast places;

(b)

for an arrestment (other than an arrestment of the person’s earnings in the hands of his employers) and action of furthcoming or sale,

F3(c)

for an inhibition.

and shall be apt to found a Bill of Inhibition or an action of adjudication at the instance of the Secretary of State.

(2)

In subsection (1) the “appropriate amount” means the amount in respect of which the order was made, to the extent that it remains unpaid.

Annotations

Textual amendments

F1

Words in s. 38(1)(a) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 47

F2

Words in s. 38(1)(a) substituted (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 64(2), Sch. 3 para. 20 (with s. 63)

F3

S. 38(1)(c) substituted for closing words in s. 38(1) (22.4.2009 for specified purposes) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), s. 227(3), Sch. 5 para. 18(a)(ii) (with s. 223); S.S.I. 2009/67, art. 3(2)(3), Sch. 1 (with art. 6)

Modifications

C1

S. 38 applied (with modifications) (E.W.) (5.4.1993) by S.I. 1992/2643, reg.3

C2

Ss. 29-41B modified by The Child Support (Transitional Provisions) Regulations 2000 (S.I. 2000/3186), reg. 16(2A) (as inserted (21.2.2003) by S.I. 2003/328, regs. 1(3)(a), 9(7)(b))

C3

S. 38 modified (10.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 59(6), 62(3); S.I. 2008/1476, art. 2(6)

Notes on the whole Act

Textual amendments

F1

Word in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(b), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.