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Debt Arrangement and Attachment (Scotland) Act 2002

2002 asp 17 · Enacted 17 December 2002 · Extends to Scotland

Not fully up to date. 6 changes made by later legislation have not yet been written into this text, which is revised to 4 January 2024.

See the changes not yet applied
ProvisionChangeMade by
s. 15(1)repealedBankruptcy and Diligence etc. (Scotland) Act 2007 Sch. 6 Pt. 1
Sch. 1 para. 4(a)words repealedBankruptcy and Diligence etc. (Scotland) Act 2007 Sch. 6 Pt. 1
s. 12(1)applied by 1987 c. 18, s. 70(5) (as substituted)Bankruptcy and Diligence (Scotland) Act 2024 s. 16(2)(b)
s. 53(2)words insertedBankruptcy and Diligence (Scotland) Act 2024 s. 18(2)
s. 56(1)(a)(b)substituted for wordsBankruptcy and Diligence (Scotland) Act 2024 s. 18(3)
s. 10(5)words substitutedChild Maintenance and Other Payments Act 2008 Sch. 7 para. 5

An Act of the Scottish Parliament to provide a scheme under which individuals may arrange for their debts to be paid under payment programmes; to create a new diligence in relation to corporeal moveable property owned by a debtor; to make special provision for the use of that diligence in relation to property kept in dwellinghouses; to abolish poindings and warrant sales; and for connected purposes.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 13th November 2002 and received Royal Assent on 17th December 2002C1C2C3C4

Annotations to the whole text

Modifications

C1

Act modified (21.2.2009) by Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009 (S.I. 2009/317), arts. 1, 3, Sch.

C2

Act applied (with modifications) (8.2.2011) by The Investment Bank Special Administration Regulations 2011 (S.I. 2011/245), reg. 1, Sch. 6 Pt. 1 (with reg. 27(a))

C3

Act applied (with modifications) (31.12.2020) by The International Recovery of Maintenance (Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance 2007) (EU Exit) Regulations 2018 (S.I. 2018/1125), regs. 1, 8; 2020 c. 1, Sch. 5 para. 1(1)

C4

Act applied (with modifications) (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), reg. 2, Sch. 3 paras. 2, 3 (with reg. 5) (as amended (4.1.2024) by S.I. 2023/1399, regs. 1(2), 4, 21(2))

Contents

  1. Part 1: The debt arrangement scheme
  2. 1Debt arrangement scheme
  3. 2Debt payment programmes
  4. 3Money advice
  5. 4Effect of debt payment programmes
  6. 5Variation of debt payment programmes
  7. 6Deduction from earnings
  8. 7Debt payment programmes: power to make further provision
  9. 7ADebt payment programmes: power to make provision about debt relief
  10. 8Functions of the Scottish Ministers
  11. 9Interpretation of Part
  12. Part 1A: Interim attachment
  13. Interim attachment
  14. 9AInterim attachment
  15. 9BArticles exempt from interim attachment
  16. Application for interim attachment
  17. 9CApplication for warrant for interim attachment
  18. 9DGrant of warrant without a hearing
  19. 9EHearing on application
  20. Execution of interim attachment
  21. 9FExecution of interim attachment
  22. 9GExecution of interim attachment before service
  23. Interim attachment: further procedure
  24. 9HOrder for security of attached articles
  25. Interim attachment: effects
  26. 9JUnlawful acts after interim attachment
  27. 9KArticles belonging to or owned in common by a third party
  28. 9LDuration of interim attachment
  29. Recall etc. of interim attachment
  30. 9MRecall or restriction of interim attachment
  31. 9NVariation of orders and variation or recall of conditions
  32. General and miscellaneous provisions
  33. 9PExpenses of interim attachment
  34. 9QRecovery of expenses of interim attachment
  35. 9RAscription of sums recovered while interim attachment is in effect
  36. 9SRanking of interim attachment
  37. Part 2: Attachment
  38. Attachment
  39. 10Attachment
  40. 11Articles exempt from attachment
  41. 12Times when attachment is not competent
  42. 13Presumption of ownership
  43. 13ASchedule of attachment
  44. Attachment of articles kept outwith dwellinghouses etc.
  45. 14Procedure for attachment of articles kept outwith dwellinghouses etc.
  46. 15Valuation
  47. 16Attachment of mobile homes
  48. 17Report of attachment
  49. 18Redemption
  50. 19Removal and auction of attached articles
  51. 19AUrgent removal of attached articles
  52. Attachment: further procedure
  53. 20Order for security of articles or sale of articles which are perishable etc.
  54. 21Unlawful acts after attachment
  55. 22Release of vehicle from attachment
  56. 23Appeals against valuation
  57. 24Duration of attachment
  58. 25Second attachment at same place
  59. 26Invalidity and cessation of attachment
  60. Auction of attached articles
  61. 27Notice of public auction
  62. 28Alteration of arrangements for removal or auction
  63. 29Cancellation of auctions
  64. 30Auction
  65. 31Disposal of proceeds of auction
  66. 32Report of auction
  67. 33Audit of report of auction
  68. General and miscellaneous provisions
  69. 34Articles belonging to a third party
  70. 35Articles in common ownership
  71. 36Procedure where articles in common ownership are sold at auction
  72. 37Attachment terminated by payment or tender of full amount owing
  73. 38Assistance to debtor
  74. 39Expenses chargeable in relation to attachment etc.
  75. 40Recovery from debtor of expenses of attachment
  76. 41Ascription of sums recovered by attachment or while attachment is in effect
  77. 42Restriction on fees payable by debtor
  78. 43Power to provide for lay representation Repealed
  79. 44Legal aid
  80. 45Interpretation of this Part and Parts 3 and 4
  81. Part 3: Attachment of articles kept in dwellinghouses: special procedure
  82. 46Restriction on attachment of articles kept in dwellinghouses
  83. 47Exceptional attachment order
  84. 48Exceptional circumstances
  85. 49Power of entry
  86. 50Unlawful acts before attachment
  87. 51Valuation
  88. 52Articles with sentimental value
  89. 53Removal of articles attached in dwellinghouse
  90. 54Professional valuation
  91. 55Release of articles from attachment
  92. 56Redemption
  93. 57Appeals
  94. Part 4: Abolition of poindings and warrant sales
  95. 58Abolition of poindings and warrant sales
  96. 59Savings
  97. Part 5: Miscellaneous and general
  98. 60Application of this Act to sequestration for rent and arrestment
  99. 60AElectronic signatures
  100. 61Minor and consequential amendments and repeals
  101. 62Regulations and orders
  102. 63Crown application
  103. 64Short title and commencement
  104. Schedule 1: Expenses of attachment etc.
  105. 1Expenses chargeable against the debtor
  106. 1AParagraph 1A
  107. 2Paragraph 2
  108. 3Paragraph 3
  109. 4Circumstances where liability for expenses is at the discretion of the sheriff
  110. 5Calculation of amount chargeable against debtor under the foregoing provisions
  111. 6Circumstances where no expenses are due to or by either party
  112. 7Paragraph 7
  113. 8Paragraph 8
  114. Schedule 2: Non-essential assets
  115. 1Paragraph 1
  116. 2Paragraph 2
  117. 3Paragraph 3
  118. 4Paragraph 4
  119. 5Paragraph 5
  120. Schedule 3: Minor and consequential amendments and repeals
  121. Part 1: Acts
  122. 1Companies Clauses Consolidation (Scotland) Act 1845 (c.17)
  123. 2Lands Clauses Consolidation (Scotland) Act 1845 (c.19)
  124. 3Railway Clauses Consolidation (Scotland) Act 1845 (c.33)
  125. 4Markets and Fairs Clauses Act 1847 (c.14)
  126. 5Harbours, Docks and Piers Clauses Act 1847 (c.27)
  127. 6Entail Amendment Act 1853 (c.94)
  128. 7Writs Execution (Scotland) Act 1877 (c.40)
  129. 8Sheriff Courts (Scotland) Extracts Act 1892 (c.17)
  130. 9Public Health (Scotland) Act 1897 (c.38) Repealed
  131. 10Local Government (Scotland) Act 1947 (c.43)
  132. 11Taxes Management Act 1970 (c.9)
  133. 12Water (Scotland) Act 1980 (c.45)
  134. 13Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c.59)
  135. 14Car Tax Act 1983 (c.53)
  136. 15Bankruptcy (Scotland) Act 1985 (c.66) Repealed
  137. 16Gas Act 1986 (c.44)
  138. 17Debtors (Scotland) Act 1987 (c.18)
  139. 18Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c.47)
  140. 19Income and Corporation Taxes Act 1988 (c.1) Repealed
  141. 20Child Support Act 1991 (c.48)
  142. 21Social Security Administration Act 1992 (c.5)
  143. 22Local Government Finance Act 1992 (c.14)
  144. 23Local Government etc. (Scotland) Act 1994 (c.39);
  145. 24Proceeds of Crime (Scotland) Act 1995 (c.43)
  146. 25Criminal Procedure (Scotland) Act 1995 (c.46)
  147. 26Finance Act 1997 (c.16)
  148. 27Abolition of Poindings and Warrant Sales Act 2001 (asp 1)
  149. 28Water Industry (Scotland) Act 2002 (asp 3)
  150. 29Proceeds of Crime Act 2002 (c.29)
  151. Part 2: Subordinate legislation
  152. 30Stamp Duty Reserve Tax Regulations 1986 (S.I. 1986/1711)
  153. 31Confiscation of the Proceeds of Drug Trafficking (Designated Countries and Territories) (Scotland) Order 1991 (S.I. 1991/1467)
  154. 32Merchant Shipping (Ministry of Defence Commercially Managed Ships) Order 1992 (S.I. 1992/1293)
  155. 33Merchant Shipping (Ministry of Defence Yachts) Order 1992 (S.I. 1992/1294)
  156. 34Insurance Premium Tax Regulations 1994 (S.I. 1994/1774)
  157. 35Lloyd’s Underwriters (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) Regulations 1995 (S.I. 1995/3225)
  158. 36Landfill Tax Regulations 1996 (S.I. 1996/1527)
  159. 37Stamp Duty (Collection and Recovery of Penalties) Regulations 1999 (S.I. 1999/2537)
  160. 38Civil Legal Aid (Scotland) Regulations 2002 (S.S.I. 2002/494)