Debtors (Scotland) Act 1987
1987 c. 18 · Enacted 15 May 1987 · Extends to Scotland
An Act to make new provision with regard to Scotland for an extension of time for payment of debts; to amend the law relating to certain diligences; to make provision in respect of messengers-at-arms and sheriff officers; and for connected purposes.
[15th May 1987]
C1C2 Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C3C4C5C6
Annotations to the whole text
Modifications
- C1
Act : transfer of functions (19.5.1999), by S.I. 1999/678, art. 2(1), Sch. (with arts. 3, 7)
- C2
Act excluded (25.4.1991) by Companies Act 1989 (c. 40, SIF 27), ss. 154, 155, 161(4), 213(2)
- C3
Act modified (21.2.2009) by The Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009 (S.I. 2009/317), arts. 1, 3, Sch.
- C4
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))
- C5
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)
- C6
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(4))
Contents
- Part I: EXTENSION OF TIME TO PAY DEBTS
- Time to pay directions on granting decree
- 1Time to pay directions.
- 2Effect of time to pay direction on diligence.
- 3Variation and recall of time to pay direction and arrestment.
- 4Lapse of time to pay direction.
- Time to pay orders following charge or diligence
- 5Time to pay orders.
- 6Application for time to pay order.
- 7Disposal of application.
- 8Effect of interim order on diligence.
- 9Effect of time to pay order on diligence.
- 10Variation and recall of time to pay order and arrestment.
- 11Lapse of time to pay order.
- Miscellaneous
- 12Sequestration and insolvency.
- 13Saving of creditor’s rights and remedies.
- 14Circumstances where direction or order not competent or no longer effective.
- 15Interpretation of Part I.
- Part 1A: Diligence on the dependence
- Availability of diligence on the dependence
- 15ADiligence on the dependence of action
- 15BDiligence on the dependence of petition
- 15CDiligence on the dependence to secure future or contingent debts
- Application for diligence on the dependence
- 15DApplication for diligence on the dependence
- 15EGrant of warrant without a hearing
- 15FHearing on application
- Execution before service
- 15GExecution of diligence before service of summons
- Restriction on property attached
- 15HSum attached by arrestment on dependence
- 15JProperty affected by inhibition on dependence
- Recall etc. of diligence on the dependence.
- 15KRecall or restriction of diligence on dependence
- 15LVariation of orders and variation or recall of conditions
- General and miscellaneous
- 15MExpenses of diligence on the dependence
- 15NApplication of this Part to admiralty actions
- Part II: POINDINGS AND WARRANT SALES
- Poinding
- 16Articles exempt from poinding.
- 17Restrictions on times when poinding may be executed.
- 18Power of entry for execution of poinding.
- 19Value of articles which may be poinded and presumption as to ownership.
- 20Poinding procedure.
- 21Poinding procedure - further provisions.
- 22Report of execution of poinding.
- 23Release of poinded article on ground of undue harshness.
- 24Invalidity, cessation and recall of poinding.
- 25Second poinding in same premises.
- 26Sist of proceedings in poinding of mobile homes.
- 27Duration of poinding.
- Removal, damage or destruction of poinded articles
- 28Removal of poinded articles.
- 29Unlawful acts relating to poinded articles.
- Warrant sales
- 30Application for warrant of sale.
- 31Provisions of warrant of sale.
- 32Location of sale.
- 33Release or redemption of poinded articles after warrant.
- 34Intimation and publication of sale.
- 35Alteration of arrangements for sale.
- 36Payment agreements after warrant of sale.
- 37The warrant sale.
- 38Disposal of proceeds of sale.
- 39Report of warrant sale.
- Articles belonging to third parties or in common ownership
- 40Release from poinding of articles belonging to third party.
- 41Poinding and sale of articles in common ownership.
- Supplementary
- 42Certain proceedings under Part II to postpone further steps in the diligence.
- 43Conjoining of further poinding with original poinding.
- 44Expenses of poinding and sale.
- 45Interpretation of Part II.
- Part III: DILIGENCE AGAINST EARNINGS
- Introduction
- 46New diligences against earnings.
- Earnings arrestments
- 47General effect of earnings arrestment.
- 48Debt recoverable by earnings arrestment.
- 49Deductions from net earnings to be made by employer.
- 49ADeductions where net earnings include holiday pay
- 50Review of earnings arrestment.
- Current maintenance arrestments
- 51General effect of current maintenance arrestment.
- 52Enforcement of 2 or more obligations to pay maintenance.
- 53Deductions from net earnings to be made by employer.
- 54Current maintenance arrestment to be preceded by default.
- 55Review and termination of current maintenance arrestment.
- 56Effect of new maintenance order on current maintenance arrestment.
- General
- 57Failure to comply with arrestment, manner of payment and creditor’s duty when arrestment ceases to have effect.
- 58Simultaneous operation of earnings and current maintenance arrestment.
- 59Priority among arrestments.
- Conjoined arrestment orders
- 60Conjoined arrestment orders: general provision.
- 61Amount recoverable under conjoined arrestment order.
- 62Relationship of conjoined arrestment order with earnings and current maintenance arrestments.
- 63Sum payable by employer under conjoined arrestment order.
- 64Disbursement by sheriff clerk of sums received from employer.
- 65Operation of conjoined arrestment order.
- 66Recall and variation of conjoined arrestment order.
- Supplementary provisions
- 67Equalisation of diligences not to apply.
- 68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 69Restriction on liability of employer in operating diligence against earnings.
- 70Execution and intimation of copies.
- 70AEmployer's duty to provide information
- 70BFailure to give notice under section 70A(5)
- 70CCreditor's duty to provide information
- 70DDebtor's duty to provide information
- 71Employer’s fee for operating diligence against earnings.
- 72Effect of sequestration on diligence against earnings.
- 73Interpretation of Part III.
- Part 3A: Arrestment and action of furthcoming
- 73AArrestment and action of furthcoming to proceed only on decree or document of debt
- 73BSchedule of arrestment to be in prescribed form
- 73CArrestment on the dependence followed by decree
- 73DDebt advice and information
- 73EFunds attached
- 73FProtection of minimum balance in certain bank accounts
- 73GArrestee's duty of disclosure
- 73HFailure to disclose information
- 73JAutomatic release of arrested funds
- 73KSum released under section 73J(2)
- 73LCircumstances preventing automatic release
- 73MNotice of objection
- 73NHearings following notice of objection
- 73PArrestee not liable for funds released in good faith
- 73QApplication for release of property where arrestment unduly harsh
- 73RHearing on application under section 73Q for release of property
- 73SMandate to be in prescribed form
- 73TArrestment of ships etc.
- Part IV: RECOVERY OF RATES AND TAXES ETC.
- 74Recovery of rates and taxes etc.
- Part V: MESSENGERS-AT-ARMS AND SHERIFF OFFICERS
- 75Regulation of organisation, training, conduct and procedure.
- 76Advisory Council.
- 77Appointment of messenger-at-arms.
- ...Inspection of work. Repealed
- 79Investigation of alleged misconduct.
- 80Courts’ powers in relation to offences or misconduct.
- 81Provisions supplementary to section 80.
- 82Appeals from decisions under sections 77, 79 and 80.
- 83Service of charge and execution of diligence or warrant void where officer of court has interest. Repealed
- 84Collection of statistics from officers of court.
- 85Measure of damages payable by officer of court for negligence or other fault.
- 86Official identity card.
- 86AElectronic communications
- Part VI: WARRANTS FOR DILIGENCE AND CHARGES FOR PAYMENT
- 87Effect of warrants for diligence in extract decrees and other documents.
- 88Warrants for diligence: special cases.
- 89Abolition of letters of horning, horning and poinding, poinding, and caption.
- 90Provisions relating to charges for payment.
- 91Enforcement of certain warrants and precepts of sheriff anywhere in Scotland.
- Part VII: MISCELLANEOUS AND GENERAL
- 92General provision relating to liability for expenses in court proceedings.
- 93Recovery from debtor of expenses of certain diligences.
- 94Ascription of sums recovered by diligence or while diligence is in effect.
- 95Certain diligences terminated by payment or tender of full amount owing.
- 95APrescription of arrestment
- 96Provisions to assist debtor in proceedings under Act.
- 97Section 97
- 98Section 98
- 99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 100Section 100
- 101Section 101
- 102Procedure in diligence proceeding on extract of registered document etc.
- 103Appeals.
- 104Regulations.
- 105Application to Crown.
- 106Interpretation.
- 107Financial provisions.
- 108Minor and consequential amendments, transitional provisions and repeals.
- 109Short title, commencement and extent.
- Schedule 1: EXPENSES OF POINDING AND SALE
- Expenses chargeable against the debtor
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Circumstances where liability for expenses is at the discretion of the sheriff
- 8Paragraph 8
- Calculation of amount chargeable against debtor under the foregoing provisions
- 9Paragraph 9
- Circumstances where no expenses are due to or by either party
- 10Paragraph 10
- 11Paragraph 11
- Supplementary
- 12Paragraph 12
- Schedule 2ARRESTMENT
- Schedule 3: DISBURSEMENTS BY SHERIFF CLERKS UNDER CONJOINED ARRESTMENT ORDER
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 4AParagraph 4A
- 5Paragraph 5
- Schedule 4: RECOVERY OF RATES AND TAXES ETC.
- The Local Government (Scotland) Act 1947 (c. 43.)
- 1Paragraph 1
- The Taxes Management Act 1970 (c. 9.)
- 2Paragraph 2
- The Car Tax Act 1983 (c. 53.)
- 3Paragraph 3 Repealed
- The Value Added Tax Act 1983 (c. 55.)
- 4Paragraph 4 Repealed
- Schedule 5: POINDINGS AND SALES IN PURSUANCE OF SUMMARY WARRANTS
- Articles exempt from poinding
- 1Paragraph 1
- Restrictions on time when poinding may be executed
- 2Paragraph 2
- Power of entry for execution of poinding
- 3Paragraph 3
- Value of articles which may be poinded and presumption as to ownership
- 4Paragraph 4
- Poinding procedure
- 5Paragraph 5
- 6Paragraph 6
- Release of poinded article on ground of undue harshness
- 7Paragraph 7
- Invalidity, cessation and recall of poinding
- 8Paragraph 8
- Second poinding in same premises
- 9Paragraph 9
- Sist of proceedings in poinding of mobile homes
- 10Paragraph 10
- Duration of poinding
- 11Paragraph 11
- Removal, damage or destruction of poinded articles
- 12Paragraph 12
- 13Paragraph 13
- Arrangements for sale
- 14Paragraph 14
- Release or redemption of poinded articles
- 15Paragraph 15
- Intimation and publication of sale
- 16Paragraph 16
- Alteration of arrangements for sale
- 17Paragraph 17
- The sale
- 18Paragraph 18
- Disposal of proceeds of sale
- 19Paragraph 19
- Report of sale
- 20Paragraph 20
- Articles belonging to third parties or in common ownership
- 21Paragraph 21
- 22Paragraph 22
- Certain proceedings under this Schedule to postpone further steps in the diligence
- 23Paragraph 23
- Power to enter premises and open shut and lockfast places
- 24Paragraph 24
- Expenses chargeable against the debtor
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- Circumstances where liability for expenses is at the discretion of the sheriff
- 30Paragraph 30
- Calculation of amount chargeable against debtor under the foregoing provisions
- 31Paragraph 31
- Circumstances where no expenses are due to or by either party
- 32Paragraph 32
- 33Paragraph 33
- Supplementary
- 34Paragraph 34
- 35Paragraph 35
- Schedule 6: MINOR AND CONSEQUENTIAL AMENDMENTS
- General amendment
- 1Paragraph 1
- Specific amendments
- The Bank Notes (Scotland) Act 1765 (c. 49.)
- 2Paragraph 2 Repealed
- The Debtors (Scotland) Act 1838 (c. 114.)
- 3Paragraph 3 Repealed
- The Harbours, Docks, and Piers Clauses Act 1847 (c. 27.)
- 4Paragraph 4
- The Lyon King of Arms Act 1867 (c.17)
- 5Paragraph 5
- The Court of Session Act 1868 (c. 100)
- 6Paragraph 6
- The Titles to Land Consolidation (Scotland) Act 1868 (c. 101)
- 7Paragraph 7
- The Debtors (Scotland) Act 1880 (c. 34)
- 8Paragraph 8
- The Sea Fisheries Act 1883 (c. 22.)
- 9Paragraph 9 Repealed
- The Merchant Shipping Act 1894 (c. 60.)
- 10Paragraph 10
- The Execution of Diligence (Scotland) Act 1926 (c. 16)
- 11Paragraph 11
- 12Paragraph 12
- The Sea Fisheries Act 1968 (c. 77.)
- 13Paragraph 13
- The Prevention of Oil Pollution Act 1971 (c. 60.)
- 14Paragraph 14
- The Town and Country Planning (Scotland) Act 1972 (c. 52)
- 15Paragraph 15 Repealed
- The Consumer Credit Act 1974 (c. 69)
- 16Paragraph 16
- 17Paragraph 17
- The Criminal Procedure (Scotland) Act 1975 (c. 21)
- 18Paragraph 18
- The Crofting Reform (Scotland) Act 1976 (c. 21)
- 19Paragraph 19
- The Patents Act 1977 (c. 37)
- 20Paragraph 20
- The Customs and Excise Management Act 1979 (c. 2)
- 21Paragraph 21
- The Education (Scotland) Act 1980 (c. 44)
- 22Paragraph 22
- The Betting and Gaming Duties Act 1981 (c. 63)
- 23Paragraph 23 Repealed
- The British Fishing Boats Act 1983 (c. 8.)
- 24Paragraph 24
- The Inshore Fishing (Scotland) Act 1984 (c. 26.)
- 25Paragraph 25
- The Rent (Scotland) Act 1984 (c. 58.)
- 26Paragraph 26
- The Bankruptcy (Scotland) Act 1985 (c. 66)
- 27Paragraph 27 Repealed
- 28Paragraph 28 Repealed
- Schedule 7: TRANSITIONAL PROVISIONS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4 Repealed
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 8REPEALS