Regulation 23 Priority as between regular direct deduction orders and similar court orders (Scotland)

(1)

This regulation applies where a bank which has been given a regular direct deduction order in respect of an account has also been served an arrestment schedule (“arrestment”) which would require other restrictions to be applied to the same account.

(2)

Where an arrestment is served on the bank on or before the day on which a deduction must be made under a regular direct deduction order (which has already been given to the bank), the bank must—

(a)

make the deduction required by the regular direct deduction order, and

(b)

thereafter, only make deductions under the regular direct deduction order if doing so would not prevent compliance with the arrestment.

(3)

Where an arrestment is served on the bank before the bank was given the regular direct deduction order, the bank must only make a deduction under the regular direct deduction order if doing so would not prevent the bank from complying with the arrestment.

(4)

For the purposes of paragraph (1), “other restrictions” mean anything the bank is required to do, or is prohibited from doing, under the arrestment which would prevent the bank from making or allowing payments or deductions from the account in question.

(5)

This regulation does not apply in England and Wales.