Section 94 Ascription of sums recovered by diligence or while diligence is in effect.

Scotland

(1)

This section applies to any sums recovered by any of the following diligences—

(a)

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

an earnings arrestment;

(c)

an arrestment and action of furthcoming or sale; or

(d)

a conjoined arrestment order in so far as it enforces an ordinary debt,

or paid to account of the sums recoverable by the diligence while the diligence is in effect.

(2)

A sum to which this section applies shall be ascribed to the following in the order in which they are mentioned—

(a)

the expenses already incurred in respect of—

(i)

the diligence;

(ii)

any previous diligence the expenses of which are chargeable against and recoverable from the debtor under section 93(5) of this Act;

(iii)

the execution of a current maintenance arrestment;

(b)

any interest, due under the decree or other document on which the diligence proceeds, which has accrued at the date of execution of the F2. . . earnings arrestment or arrestment, or in the case of an ordinary debt included in a conjoined arrestment order which has accrued at the date of application under section 60(2) or 62(5) of this Act;

(c)

any sum (including any expenses) due under the decree or other document, other than any expenses or interest mentioned in paragraphs (a) and (b) above.

Annotations

Textual amendments

F1: S. 94(1)(a) repealed (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 61, Sch. 3 Pt. 1 para. 17(12)(a) (with s. 63)
F2: Word in s. 94(2)(b) repealed (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 61, Sch. 3 Pt. 1 para. 17(12)(b) (with s. 63)