Section 46 Provisions as to arrestment.

Arrestment in the hands of the Crown or of a Government department or of any officer of the Crown as such shall be competent in any case where arrestment in the hands of a subject would have been competent:

Provided that nothing in the foregoing provisions shall warrant the arrestment of:—

(F1F2a)

any earnings payable to any officer of the Crown as such except as provided by section 2 of the M1Law Reform (Miscellaneous Provisions) (Scotland) Act 1966;

F3or

(b)

any money which is subject to the provisions of any enactment prohibiting or restricting assignation or charging or taking in execution; F4or

(c)

any money payable by the Crown to any person on account of a deposit in F5the National Savings Bank.

Annotations

Textual amendments

F1: In s. 46 proviso (a) repealed (S.) by Debtors (Scotland) Act 1987 (c.18, SIF 45:2), s. 108, Sch. 7 paras. 5, 9(1), Sch. 8
F2: In s. 46 proviso para. (a) substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (c. 19), s. 2(1)
F3: In s. 46, word inserted (S.) by Law Reform Act (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73,SIF 39:1),s. 49(a)
F4: In s. 46, paragraph (c) of the proviso and the word preceeding it repealed (S.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 39:1), s.49(b), 59, Sch. 4
F5: Words substituted by Post Office Act 1969(c.48), Sch.6 Pt III

Marginal citations

M1: 1966 c. 19.

Notes on Part V

Modifications

C1: Pt. V applied by Sex Discrimination Act 1975 (c. 65), s. 85(9) and Race Relations Act 1976 (c. 74), s. 75(7)
C2: Pt. V (ss. 41-51) (except for proviso to s. 44) applied (E.W.S.) (2.12.1996) by 1995 c. 50, ss. 64(4), 70(6), Sch. 8 para. 44(2) (with ss. 59, 64, 65); S.I. 1996/1474, art. 2(3); S.R. 1996/280, art. 2(2), Sch.
C3: Pt. 5 applied in part (E.W.S.) (1.12.2003) by The Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661), reg. 36(6)
C4: Pt. 5 applied in part (E.W.S.) (2.12.2003) by The Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660), reg. 36(6)
C5: Pt. 5 applied (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 44(7) (with regs. 44(1)-(5), 45
C6: Pt. V applied (30.4.2007) by Equality Act 2006 (c. 3), ss. 78(5), 93 (with s. 92); S.I. 2007/1092, art. 2
C7: Pt. 5 applied in part (30.4.2007) by The Equality Act (Sexual Orientation) Regulations 2007 (S.I. 2007/1263), reg. 33(5) (with regs. 12, 13, 18, 33(2)(3))
C8: Pt. 5 applied (E.W.S.) (8.4.2010) by Equality Act 2010 (c. 15), ss. 205(7), 216(1)(b)