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Section 70A Employer's duty to provide informationF1

Scotland

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

(1)

Where an employer receives, in relation to a debtor—

(a)

an earnings arrestment schedule;

(b)

a current maintenance arrestment schedule; or

(c)

a copy of a conjoined arrestment order,

the employer shall, as soon as is reasonably practicable, send to the creditor or, in the case of a conjoined arrestment order, the sheriff clerk, the information mentioned in subsection (3) below.

(2)

The employer shall, provided the debt has not been extinguished, send, on or as soon as is reasonably practicable after the dates mentioned in subsection (4) below, to the creditor or, as the case may be, the sheriff clerk the information mentioned in subsection (3) below.

(3)

The information referred to in subsection (1) above is—

(a)

how the debtor is paid (whether weekly, monthly or otherwise);

(b)

the date of the debtor's pay-day next following—

(i)

where subsection (1) above applies, receipt of the schedule or order; or

(ii)

where subsection (2) above applies, the date mentioned in subsection (4) below;

(c)

the sum deducted on that pay-day and the net earnings from which it is so deducted; and

(d)

any other information which the Scottish Ministers may, by regulations, prescribe.

(4)

The dates referred to in subsection (2) above are—

(a)

the later of—

(i)

6 April next following receipt of the schedule or order; or

(ii)

the day falling 6 months after receiving the schedule or order; and

(b)

each 6 April thereafter.

(5)

Notwithstanding subsections (1) and (2) above, the employer shall, if the debtor ceases for whatever reason to be employed by the employer, give notice, as soon as is reasonably practicable, to the creditor or, as the case may be, the sheriff clerk—

(a)

of that fact; and

(b)

in so far as is known to the employer, the name and address of any new employer of the debtor.

(6)

Where an employer sends information under subsection (1) or (2) above or gives notice under subsection (5) above, the employer shall, as soon as is reasonably practicable, send a copy of that information or notice to the debtor.

Annotations

Textual amendments

F1

Ss. 70A-70D inserted (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 203, 227(3) (with s. 223); S.S.I. 2008/115, art. 3(1)(d) (with arts. 4-6, 10, 12, 15) (as amended: (23.2.2009) by S.S.I. 2009/67, art. 7; (31.1.2011) by S.S.I. 2011/31, art. 5(a); and (4.10.2014) by S.S.I. 2014/173, arts. 1(2), 3)