# The Diligence (Scotland) Regulations 2009

S.S.I. 2009/68 · made 23 February 2009

These Regulations make provision, from 22nd April 2009, for prescribed forms to be used in diligence procedures as a result of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (“the 2007 Act”).

Made under: 1868 c. 101 (Section 155, Section 159, Section 159A); Debtors (Scotland) Act 1987 (Section 73B, Section 73G, Section 73S); Bankruptcy and Diligence etc. (Scotland) Act 2007

PDFs: Printed copy https://openlegislation.uk/diligence-scotland-regulations-2009/pdf/ssi_20090068_en.pdf; Executive Note https://openlegislation.uk/diligence-scotland-regulations-2009/pdf/ssien_20090068_en.pdf

## Introductory text

ENFORCEMENT
DEBT
DILIGENCE
Made 23rd February 2009
Laid before the Scottish Parliament 24th February 2009
Coming into force 22nd April 2009
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 155(4), 159 and 159A(3) of the Titles to Land Consolidation (Scotland) Act 1868, sections 73B(2), 73G(2) and 73S(1) of the Debtors (Scotland) Act 1987; and sections 148(3) and 224(2) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 and all other powers enabling them to do so.

## 1 Citation and commencement

(1) These Regulations may be cited as the Diligence (Scotland) Regulations 2009 and come into force on 22nd April 2009.

## 2 Interpretation

In these Regulations–
“the 1868 Act” means the Titles to Land Consolidation (Scotland) Act 1868;
“the 1987 Act” means the Debtors (Scotland) Act 1987; and
“the 2007 Act” means the Bankruptcy and Diligence etc. (Scotland) Act 2007.

## Inhibition

## 3 Forms for inhibition

(1) The forms in Schedules 1 to 6 are prescribed for the purposes of the relative provisions–
(a) Schedule 1 – schedule of inhibition (section 148(3)(a) of the 2007 Act);
(b) Schedule 2 – certificate of execution of inhibition (Court of Session) (section 148(3)(b) of the 2007 Act);
(c) Schedule 3 – certificate of execution of inhibition (Sheriff Court) (section 148(3)(b) of the 2007 Act);
(d) Schedule 4 – notice of inhibition (section 155(4) of the 1868 Act);
(e) Schedule 5 – notice of Summons for breach of inhibition (section 159 of the 1868 Act); and
(f) Schedule 6 – discharge of notice of Summons for breach of inhibition (section 159A(3) of the 1868 Act).
(2) The form of schedule of inhibition prescribed for registration under section 148(1)(a) of the 2007 Act (registration of inhibition) is a certified copy of the schedule of inhibition required by paragraph (1)(a) and Schedule 1 to these Regulations.

## Arrestment

## 4 Forms for arrestment

The forms in Schedules 7 to 9 are prescribed for the purposes of the relative provisions–
(a) Schedule 7 – schedule of arrestment (section 73B(2) of the 1987 Act);
(b) Schedule 8 – arrestee disclosure (section 73G(2) of the 1987 Act); and
(c) Schedule 9 – debtor mandate (section 73S(1) of the 1987 Act).

## Signature

FERGUS EWING
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
23rd February 2009

## Schedule 1 Form of Schedule of Inhibition



## Schedule 2 Court of Session form of certificate of execution of inhibition



## Schedule 3 Sheriff Court form of certificate of execution of inhibition



## Schedule 4 Form of Notice of Inhibition



## Schedule 5 Form of Notice of Summons — breach of inhibition



## Schedule 6 Form of Discharge of Notice of Summons — breach of inhibition



## Schedule 7 Form of schedule of arrestment in execution



## Schedule 8 Form of disclosure by arrestee



## Schedule 9 Form of debtor mandate



## Explanatory note

(This note is not part of the Regulations)
These Regulations make provision, from 22nd April 2009, for prescribed forms to be used in diligence procedures as a result of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (“the 2007 Act”).
In relation to Part 5 of the 2007 Act (inhibition), they prescribe the forms for documentation required to be used in the procedure for the diligence of inhibition. They also provide for a copy of a schedule of inhibition to be registered in the Register of Inhibitions and Adjudications (regulation 3 and Schedules 1 to 6).
In relation to Part 10 of the 2007 Act (arrestment in execution and action of furthcoming), regulation 4 and Schedules 7 to 9 prescribe the forms for documentation required to be used in the procedure for arrestment in execution.

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Source: https://www.legislation.gov.uk/ssi/2009/68 (the official version)
Page: https://openlegislation.uk/diligence-scotland-regulations-2009
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.