Acts of the Scottish Parliament

2002 asp 17

(a) specify, to the best of the debtor's knowledge and belief, in relation to each debt which the debtor is proposing to be paid under the debt payment programme-

(i) the amount outstanding;

(ii) the creditor to whom the debt is due; and

(iii) the period for which the debt has been due;

(b) set out the arrangements under which those debts are, in accordance with the provisions of the programme, to be paid, in particular specifying-

(i) the amounts which the debtor proposes to pay under the programme;

(ii) the proposed regularity of those payments;

(iii) the manner in which those payments are to be made; and

(iv) the manner in which, and period over which, each of the debts included in the programme is to be paid;

(c) specify the name and address of the person (the "payments distributor") who is to-

(i) receive payments from the debtor; and

(ii) pay, on behalf of the debtor, the debts included in the programme,

in accordance with the provisions of the programme; and

(d) contain such other information (including information relating to the debtor's financial circumstances), and be in such form, as may be prescribed.

(a) the debtor's financial circumstances;

(b) the effect of the proposed programme or, as the case may be, the proposed variation of the programme; and

(c) the preparation of the application.

(a) contain a signed declaration by the money adviser who provided the advice referred to in subsection (1) above that such advice has been given; and

(b) specify the name and address of the money adviser.

(a) to serve a charge for payment in respect of; or

(b) to commence or execute any diligence to enforce payment of,

(a) those to which the debtor's debt payment programme relates; and

(b) any other debts owed to creditors who have been given notice, in the prescribed form, of the approval of the debt payment programme.

(a) where the application is made by the debtor, a copy of the application has been given to each creditor who is owed a debt which is being paid under the debt payment programme; or

(b) where the application is made by a creditor, a copy of the application has been given to the debtor and to each other creditor who is owed such a debt.

(a) contain such information, and be in such form, as may be prescribed; and

(b) be signed by the debtor or, as the case may be, the creditor.

(a) deductions from the debtor's earnings; and

(b) payments of the amounts deducted to the payments distributor,

(a) applications for the approval, or for the variation, of debt payment programmes;

(b) the manner in which such programmes are to operate, including conditions with which debtors, creditors, payments distributors or money advisers must comply;

(c) the effect of such programmes; and

(d) the effect of the failure of an employer to comply with the duty under section 6(2) above.

(a) the class of person who may or may not make an application for the approval, or the variation, of a debt payment programme;

(b) the class of debt in respect of which such an application may or may not be made;

(d) the matters to which the Scottish Ministers are to have regard in determining whether to approve such an application;

(e) the conditions which may or may not be attached to an approval of such an application;

(f) circumstances in which such an application will not be approved;

(g) appeals against determinations by the Scottish Ministers on such applications;

(h) circumstances in which the consent for the purposes of section 2(4) above of a creditor or creditors generally may be dispensed with;

(i) circumstances in which a creditor may object to-

(i) the dispensation of the creditor's consent; or

(ii) the approval of such an application,

and the manner in which such objection may be made;

(j) the remitting of any such application in respect of which a creditor has made an objection to the sheriff for determination;

(k) the manner in which a debt payment programme may be varied;

(l) the priority in which debts are to be paid under a debt payment programme;

(m) the ingathering and sale or other disposal of assets and the distribution to creditors of amounts so realised;

(n) the period for which a debt payment programme is to remain in operation;

(o) circumstances in which, and the procedure under which, any such period can, in relation to a particular debt payment programme, be shortened or extended;

(p) circumstances in which a debt payment programme is to cease to have effect;

(q) subject to section 4 above, the manner in which a debt payment programme affects the rights or remedies of a creditor or other third party;

(r) circumstances in which creditors are to notify debtors of the right to make such an application and the effect of the failure of a creditor to provide that notice;

(s) the class of person who may act as a payments distributor;

(t) the class of person who may act as a money adviser;

(u) the functions of a payments distributor;

(v) the functions of a money adviser;

(w) the establishment and maintenance by the Scottish Ministers of a register of debt payment programmes and applications for the approval, and variation, of such programmes;

(x) the information which is to be kept in such a register;

(y) the manner in which that information is to be kept and in which it, or any part of it, is to be made available to the public; and

(z) the determination, and charging, by the Scottish Ministers of fees in respect of-

(i) the consideration of applications for the approval, or the variation, of a debt payment programme; and

(ii) the provision of information recorded in the register of debt payment programmes.

(a) make different provision in relation to such different types of debtors, debts or other matters as may be described by the Scottish Ministers;

(b) provide that such different provision is to have effect only for such period as is specified by the Scottish Ministers; and

(c) provide that, on the expiry of that period, the Scottish Ministers may determine that the different provision to which they relate is to-

(i) continue to have effect without limit of time;

(ii) continue to have effect for such further period as may be determined by the Scottish Ministers; or

(iii) cease to have effect.

"money adviser" means any person who has been approved by the Scottish Ministers as a person who may give advice to a debtor for the purposes of section 3(1) above; and

"prescribed" means prescribed by regulations made by the Scottish Ministers.

(a) subject to subsection (4) below, the debtor has been charged to pay, within such period as is specified in the charge, the sum specified in the decree or document of debt, together with any interest accrued on the sum; and

(b) the creditor has, before taking any steps to execute an attachment, provided the debtor with a debt advice and information package.

"debt advice and information package" means a document or bundle of documents containing such information (including information regarding the availability of money advice within the debtor's locality), and in such form, as the Scottish Ministers may determine;

"decree" means-

(a) a decree of the Court of Session, of the High Court of Justiciary or of the sheriff;

(b) a decree of the Court of Teinds;

(c) a summary warrant;

(d) a civil judgment granted outside Scotland by a court, tribunal or arbiter which by virtue of any enactment or rule of law is enforceable in Scotland;

(e) an order or determination which by virtue of any enactment is enforceable as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff;

(f) a warrant granted, in criminal proceedings, for enforcement by civil diligence;

(g) an order under section 114 of the Companies Clauses Consolidation (Scotland) Act 1845 (c.17);

(h) a determination under section 46 of the Harbours, Docks and Piers Clauses Act 1847 (c.27); or

(i) a liability order within the meaning of section 33(2) of the Child Support Act 1991 (c.48),

being a decree, warrant, judgment, order or determination which, or an extract of which, authorises attachment; and

"document of debt" means-

(a) a document registered for execution in the Books of Council and Session or the sheriff court books; or

(b) a document or settlement which by virtue of an Order in Council made under section 13 of the Civil Jurisdiction and Judgments Act 1982 (c.27) is enforceable in Scotland,

being a document, bill or settlement which, or an extract of which, authorises attachment.

(a) add or remove types of decree or document to or, as the case may be, from those referred to in that provision; or

(b) vary any of the descriptions of the types of decree or document there referred to.

(a) any implements, tools of trade, books or other equipment reasonably required for the use of the debtor in the practice of the debtor's profession, trade or business and not exceeding in aggregate value £1,000 or such amount as may be prescribed in regulations made by the Scottish Ministers;

(b) any vehicle, the use of which is so reasonably required by the debtor, not exceeding in value £1,000 or such amount as may be prescribed in regulations made by the Scottish Ministers;

(c) a mobile home which is the debtor's only or principal residence;

(d) any tools or other equipment reasonably required for the purpose of keeping in good order and condition any garden or yard adjacent to, or associated with, a dwellinghouse in which the debtor resides.

(a) add or remove types of articles to or, as the case may be, from those referred to in that provision; or

(b) vary any of the descriptions of the types of articles there referred to.

(a) a Sunday;

(b) a day which is a public holiday in the area in which the attachment is to be executed; or

(c) such other day as may be prescribed by Act of Sederunt.

(a) begin before 8 a.m. or after 8 p.m.; or

(b) be continued after 8 p.m.,

(a) that the article belongs to a class which is commonly held under a hire, hire-purchase or conditional sale agreement or on some other limited title of possession;

(b) that an assertion has been made that the article is not owned by the debtor.

(a) kept outwith a dwellinghouse; or

(b) mobile homes which are not the only or principal residence of the debtor.

(a) the officer shall give notice to that other person of that fact; and

(b) the sheriff may, on an application by the debtor or that other person, order that the attachment of the mobile home is to cease to have effect.

(a) shall consider any application for an order under subsection (1) above which is made before the date which is 14 days after the date on which the mobile home is attached; and

(b) may, on cause shown, consider any such application which is made at any time after that date but before the date on which the attached mobile home is auctioned.

(a) be in the form prescribed by Act of Sederunt; and

(b) be signed by the officer.

(a) whether any person, in response to enquires made under section 13(2) above, asserted that any attached article is not owned by the debtor (or is owned in common by the debtor and a third party);

(b) whether any attached article has been redeemed under section 18(1) below.

(a) the attachment to which the report relates is to cease to have effect; and

(b) the sheriff clerk shall intimate the refusal to-

(i) the debtor; and

(ii) if another person is in possession of the attached articles, that person.

(a) make arrangements for the auction of the attached articles; and

(b) on the date specified in the notice given under section 27(4) below, remove the attached articles from the place at which they are kept.

(a) for the security of any of the attached articles;

(b) in relation to any of the articles which are of a perishable nature or which are likely to deteriorate substantially and rapidly in condition or value, for the creditor or the officer to make arrangements for their immediate sale and for any proceeds of the sale to be consigned in court.

(a) by the creditor or the officer, shall be intimated by the creditor or, as the case may be, the officer to the debtor;

(b) by the debtor, shall be intimated to the creditor and the officer,

(a) the debtor or, as the case may be, the person in possession of the attached articles is acting in breach of the attachment; and

(b) the sheriff may, on an application by the creditor or by the officer, by order authorise the attachment of other articles which are owned by the debtor and kept at the place at which the original attachment was executed.

(a) the attachment of other articles which are owned by the debtor and kept at the place at which the original attachment was executed;

(b) the revaluation of any damaged article in accordance with subsection (2) or (3) of section 15 above.

(a) moves it from the place at which the attachment was executed, and it is-

(i) damaged, destroyed, lost or stolen; or

(ii) acquired from or through the debtor or, as the case may be, the third party by another person without knowledge of the attachment and for value; or

(b) wilfully damages or destroys it,

(a) where the article has been damaged but not so damaged as to make it worthless, a sum equal to the difference between the value of the article fixed under subsection (2) or (3) of section 15 above or, as the case may be, under section 51 or 54(1) below and the value of the article so damaged; or

(b) in any other case, a sum equal to the value of the article as fixed under subsection (2) or (3) of section 15 above or, as the case may be, under section 51 or 54(1) below.

(a) providing that the attachment of the vehicle is to cease to have effect; and

(b) where the vehicle has been removed by the officer from the place at which it was attached, requiring the officer to return the vehicle to that place.

(a) make arrangements for the immediate sale of the vehicle;

(b) pay to the debtor from any proceeds of such sale the sum of £1,000 (or such lesser amount as the sheriff may specify); and

(c) consign any surplus remaining in court.

(a) an opportunity to make representations; and

(b) if either party wishes to be heard, an opportunity to be heard.

(a) the earlier of-

(i) the date which is six months after the date on which the article is attached; and

(ii) the date which is 28 days after the date on which the attached article is removed by the officer from the place at which it was attached; or

(b) such other date as may be specified in an order made under subsection (2) or section 29(4)(b) below or in an exceptional attachment order.

(a) that, if the date on which an attachment is to cease to have effect were to be substituted with a later date, the debtor is likely to comply with an agreement between the creditor and the debtor for the payment of the sum recoverable by instalments or otherwise; or

(b) that the auction of the attached articles cannot take place before the date on which the attachment is to cease to have effect due to circumstances for which the creditor cannot be held responsible and that the attachment ceasing to have effect on that date would prejudice the creditor,

(a) made on the ground referred to in paragraph (a) of subsection (2) above; and

(b) refused by the sheriff within 14 days of the date on which the attachment in respect of which it is made would, but for this subsection, cease to have effect,

(a) arrangements for an auction of attached articles are, under section 29(1) below, cancelled; and

(b) the agreement in respect of which the cancellation is made is breached by the debtor,

(a) section 9(12) (which provides that a debt which remains outstanding on the recall or cessation of a time to pay order may be enforced by certain diligences) of the Debtors (Scotland) Act 1987 (c.18);

(b) any order made under subsection (2)(b) or (10)(a) of section 21 above; and

(c) sections 34(3) and 35(4) below,

(a) previously been executed in enforcement of the same debt; and

(b) ceased, by virtue of section 16, 18(4), 22(1), 34(1), 35(3), 55(2) or 56(4) of this Act, to have effect.

(a) the attachment has ceased to have effect; or, as the case may be

(b) the purported attachment is invalid (by reason of the attachment being incompetent or otherwise),

(a) an opportunity to make representations; and

(b) if either party wishes to be heard, an opportunity to be heard.

(a) an order is made under subsection (1) above; and

(b) the officer has removed the article from the place at which it was, or purported to be, attached,

(a) the date on which the auction is to be held;

(b) the location of the auction room or, as the case may be, the other place at which the auction is to be held; and

(c) where sections 15 to 19 above apply in relation to the attached articles, the date arranged for the removal of those attached articles from the place at which they are kept.

(a) a new date for the auction; or

(b) where sections 15 to 19 above apply in relation to the attached articles, a new date for the removal of those articles from the place where they are kept.

(a) for the auction to be held on the date specified in the notice given under section 27(4) above; or

(b) for the attached articles to be removed from the place where they are kept on the date so specified,

(a) make to the sheriff a report of the agreement reached; and

(b) arrange for the return of any attached articles which have been removed for auction to the place from which they were removed.

(a) if the arrangements for the auction of the attached articles can still be implemented in accordance with the provisions of this Part and Part 3 of this Act, that the officer may resume making arrangements for the auction in accordance with those provisions;

(b) if for any reason for which neither the creditor nor the officer is responsible arrangements for the auction cannot be implemented in accordance with those provisions, that the provisions of this Part and Part 3 of this Act which prevent such implementation are not to apply for the purposes of the attachment and auction of those articles.

(a) an opportunity to make representations; and

(b) if the debtor so wishes, an opportunity to be heard.

(a) any creditor, including the creditor on whose behalf the article was attached;

(b) a third party who owns the attached article in common with the debtor.

(a) retaining such amount as necessary to meet the fees and outlays of the officer;

(b) paying to the creditor the remainder of the proceeds of auction so far as necessary to meet the sum recoverable; and

(c) paying to the debtor any surplus remaining.

(a) ownership of the article shall, without prejudice to the rights of any third party, pass to the creditor; and

(b) the value of that article shall be credited against the sum recoverable.

"proceeds of auction" include any amount-

(a) consigned in court in pursuance of an order made under section 21(11), 20(1)(b), 22(3) or 50(5) of this Act;

(b) received by the officer in respect of a transfer, under section 35(2) below, of the debtor's interest in any article owned in common by the debtor and a third party,

but do not include any amount which the officer is required to pay to the debtor in pursuance of an order under section 22(3) above; and

"working day" means a day which is not-

(a) a Saturday;

(b) a Sunday;

(c) New Year's Day;

(d) 2nd January;

(e) Good Friday;

(f) Easter Monday;

(g) Christmas Day;

(h) Boxing Day; or

(i) any other day which is a public holiday in the area in which the auction is held.

(a) specify-

(i) any attached articles which have been sold;

(ii) the amount for which they have been sold;

(iii) any attached articles which remain unsold;

(iv) any chargeable expenses;

(v) any surplus paid to the debtor; and

(vi) any balance due by or to the debtor;

(b) refer to any article in respect of which-

(i) an attachment has, under section 34(1) below or in pursuance of an order made under section 35(3) below, ceased to have effect;

(ii) the debtor's interest has, under section 35(2) below, transferred to a third party;

(c) contain a declaration by the officer that all the information contained within it is, to the best of the officer's knowledge, true; and

(d) be signed by the officer and the witness who attended the auction.

(a) without reasonable excuse makes a report of auction after the expiry of the period mentioned in subsection (1) above; or

(b) wilfully refuses to make, or delays making, a report of auction after the expiry of that period,

(a) tax the chargeable expenses;

(b) certify the balance due by or to the debtor following the auction; and

(c) make a report to the sheriff.

(a) declaring the balance due by or to the debtor, as certified by the auditor of court;

(b) declaring such a balance after making modifications to the balance so certified; or

(c) where the sheriff is satisfied that there has been a substantial irregularity in the execution of the attachment (other than the timing of the report of auction), declaring the attachment and auction to be void.

(a) a third party claims to own the article; and

(b) either-

(i) the officer is satisfied that the claim is valid and neither the debtor nor any other person in possession of the article disputes the claim; or

(ii) the sheriff, on an application by the third party, makes an order stating that the sheriff is so satisfied,

(a) a third party claims to own the article in common with the debtor;

(b) either-

(i) the officer is satisfied that the claim is valid; or

(ii) the sheriff, on an application by the third party, makes an order stating that the sheriff is so satisfied; and

(c) the third party pays to the officer a sum equal to the value of the debtor's interest in the article,

(a) that an article which has been removed from the place at which it was attached is owned in common by the debtor and a third party; and

(b) that the auction of the article would be unduly harsh to the third party in the circumstances,

(a) the debtor's interest in an article owned in common by the debtor and a third party is, under subsection (2) above, transferred to the third party; or

(b) the attachment of an article which is so owned ceases, in pursuance of an order made under subsection (3) above, to have effect,

(a) a third party claimed, before an attached article was auctioned, to own the article in common with the debtor;

(b) the debtor's interest in the article has not transferred to the third party under section 35(2) above;

(c) the attachment of the article has not, by virtue of an order made under section 35(3) above, ceased to have effect;

(d) the third party's interest in the article has, following the auction of the article, been transferred to another person; and

(e) either-

(i) the third party's claim is, after that transfer of interest, admitted by the creditor and the debtor; or

(ii) where the third party's claim is not so admitted, the sheriff, on an application by the third party after that transfer of interest, is satisfied that the claim is valid.

(a) where the article has been sold at the auction, pay to the third party the fraction of the proceeds of the sale of the article which corresponded to the third party's interest in the article; or

(b) where the ownership of the article has passed to the creditor under section 31(2)(a) above, pay to the third party the fraction of the value of the article which corresponded to the third party's interest in the article.

(a) paid to the creditor, the officer or any other person who has authority to receive payment on behalf of the creditor; or

(b) tendered to any of those persons and the tender is not accepted within a reasonable time.

(a) provide the debtor with information as to the procedures available to him under any provision of this Part or Part 3 of this Act; and

(b) assist the debtor in the completion of any form required in connection with any proceedings under any provision of this Part or Part 3 of this Act,

(a) add or remove types of expenses to or, as the case may be, from those referred to in that schedule; or

(b) vary any of the descriptions of the types of expenses there referred to.

(a) any expenses awarded by the sheriff against the debtor in favour of the creditor under paragraph 4 or 7 of schedule 1 to this Act; or

(b) any additional sum of expenses awarded by the sheriff against the debtor in favour of the creditor under paragraph 5 of that schedule.

(a) recalled under section 9(2)(a), (d) or (e) (effect of time to pay order on diligence) of the Debtors (Scotland) Act 1987 (c.18) in relation to a time to pay order;

(b) in effect immediately before the date of sequestration (within the meaning of the Bankruptcy (Scotland) Act 1985 (c.66)) of the debtor's estate;

(c) in effect immediately before the presentation of a petition for an administration order under Part II of the Insolvency Act 1986 (c.45);

(d) in effect against property of the debtor immediately before a floating charge attaches to all or part of that property under section 53(7) (attachment on appointment of receiver by holder of charge) or 54(6) (attachment on appointment of receiver by court) of that Act of 1986;

(e) in effect immediately before the commencement of the winding up, under Part IV or V of that Act of 1986, of the debtor; or

(f) rendered unenforceable by virtue of the creditor entering into a composition contract or acceding to a trust deed for creditors or by virtue of the subsistence of a protected trust deed within the meaning of Schedule 5 to the Bankruptcy (Scotland) Act 1985 (c.66).

(a) the expenses of the attachment which were chargeable against the debtor remain so chargeable; and

(b) if the debtor's obligation to pay the expenses is not discharged under or by virtue of the time to pay order, sequestration, administration order, receivership, winding up, composition contract or trust deed for creditors, those expenses are recoverable by further attachment.

(a) the expenses already incurred in respect of-

(i) the attachment;

(ii) any previous diligence the expenses of which are chargeable against and recoverable from the debtor under section 40(4) above or section 93(5) of the Debtors (Scotland) Act 1987 (c.18);

(b) any interest, due under the decree or other document of debt on which the attachment proceeds, which has accrued at the date of execution of the attachment;

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

(a) any application by the debtor;

(b) objections by the debtor to an application by any other person; or

(c) a hearing held,

(a) in paragraph 4-

(i) after "1987" there is inserted "or Part 2 or 3 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)"; and

(ii) after "Act", where it second occurs, there is inserted "of 1987"; and

(b) in paragraph 5, after "1987" there is inserted "or Part 2 or 3 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)".

"chargeable expenses" means expenses chargeable against the debtor in accordance with this Part of this Act;

"dwellinghouse" does not include-

(a) a garage, even although it forms part of the structure or building which consists of or includes the dwellinghouse; or

(b) other structures or buildings used in connection with the dwellinghouse,

but does include a mobile home or other place used as a dwelling;

"exceptional attachment order" has the meaning given by section 47(1) below;

"mobile home" means a caravan, houseboat or other moveable structure used as a dwelling;

"non-essential assets" has the meaning given by schedule 2 to this Act;

"officer" means the officer of court appointed by a creditor for the purposes of executing an attachment and arranging for the removal and auction of the articles attached;

"sum recoverable" means the debt in respect of which the attachment is executed together with any interest thereon and any chargeable expenses; and

"summary warrant" means a summary warrant granted under, or by virtue of, any enactment.

(a) in pursuance of an exceptional attachment order; and

(b) otherwise in accordance with this Part of this Act.

(a) authorise the attachment, removal and auction of non-essential assets of the debtor's which are, at the time when an attachment is executed in pursuance of the order, kept in any dwellinghouse specified in the application for the order;

(b) specify a period during which the order is to be executed; and

(c) empower the officer to open shut and lockfast places for the purpose of executing the order.

(a) the nature of the debt (and, in particular, whether the debt incurred relates to any tax or duty or to any trade or business carried on by the debtor);

(b) whether the debtor resides in the dwellinghouse specified in the application;

(c) whether the debtor carries on a trade or business in that dwellinghouse;

(d) whether money advice has been given to the debtor;

(e) whether any direction made under section 1 (time to pay directions) of the Debtors (Scotland) Act 1987 (c.18), or order made under section 5 (time to pay orders) of that Act, in respect of the debt, or any other debt, has lapsed under section 4 (lapse of time to pay directions) or, as the case may be, section 11 (lapse of time to pay orders), of that Act of 1987;

(f) any agreement between the debtor and creditor for the settlement of the debt; and

(g) any declaration or representation made, or document lodged, by or on behalf of the debtor which relates to-

(i) the existence of any non-essential assets owned by the debtor;

(ii) where they exist, their value; or

(iii) the debtor's financial circumstances.

(a) an order for a visit to the debtor by a person specified in the order for the purposes of giving money advice to the debtor; or

(b) such other order as the sheriff thinks fit.

(a) add or remove matters to or, as the case may be, from those referred to in that subsection; or

(b) vary any of the descriptions of the matters there referred to.

(a) that the creditor has taken reasonable steps to negotiate (or seek to negotiate) a settlement of the debt;

(b) that the creditor has executed, or so far as it is reasonable to do so has attempted to execute-

(i) an arrestment and action of furthcoming or sale; and

(ii) an earnings arrestment,

in order to secure payment of the debt;

(c) that there is a reasonable prospect that the sum recovered from an auction of the debtor's non-essential assets would be at least equal to the aggregate of the following-

(i) a reasonable estimate of any chargeable expenses; and

(ii) £100 or such other amount as may be specified by order made by the Scottish Ministers; and

(d) that, having had regard to the matters set out in section 47(4) above and any other matters which the sheriff considers appropriate, it would be reasonable in the circumstances to grant the exceptional attachment order.

(a) a reasonable estimate of the expenses likely to be incurred by the creditor in exercising the diligences; and

(b) £100 or such other amount as may be specified by order made by the Scottish Ministers,

(a) at the intended time of entry, is satisfied as to the condition set out in subsection (2) below; or

(b) has, at least 4 days before the intended date of entry, served notice on the debtor setting out that intention and specifying that date.

(a) is aged 16 years or over; and

(b) is not, because of the person's age, knowledge of English, mental illness, mental or physical disability or otherwise, unable to understand the consequences of the procedure being carried out.

(a) for the debtor or any other person who knows that the order has been made to, without the consent of the sheriff, move any article which forms part of the debtor's non-essential assets from the dwellinghouse in which it is kept; or

(b) for the debtor, without the consent of the sheriff, to sell, make a gift of or otherwise relinquish ownership of any such article,

(a) knows that an exceptional attachment order has been made; and

(b) before an attachment is executed in pursuance of the order, wilfully damages or destroys any article which forms part of the debtor's non-essential assets,

(a) moves it from the dwellinghouse in which it is kept before an attachment is executed in pursuance of the order, and it is-

(i) damaged, destroyed, lost or stolen; or

(ii) acquired from or through the debtor or, as the case may be, the third party by another person without knowledge of order and for value; or

(b) wilfully damages or destroys it,

(a) where the article has been damaged but not so damaged as to make it worthless, a sum equal to the difference between the value of the article before it was damaged and the value of the article so damaged; or

(b) where the damaged article is worthless, a sum equal to the value of the article before it was so damaged.

(a) providing that the attachment of an article attached in execution of an exceptional attachment order is to cease to have effect; and

(b) requiring the officer to return the article to the dwellinghouse at which it was attached.

(a) the attachment of an article is not competent; or

(b) the auction of an attached article would be unduly harsh in the circumstances,

(a) articles likely to be of sentimental value to the debtor were kept in a dwellinghouse when an exceptional attachment order was executed in the dwellinghouse;

(b) those articles are likely to realise, on sale by auction, an aggregate amount not exceeding £150 or such other amount as may be prescribed in regulations made under section 52(2) above; and

(c) an article of that type has been attached in execution of the exceptional attachment order,

(a) to the sheriff principal;

(b) with the leave of the sheriff; and

(c) on a point of law.

(a) Part II;

(b) section 74(2);

(c) Schedule 1; and

(d) Schedule 5.

(a) has effect only if the poinding was executed at a place other than a dwellinghouse; and

(b) continues to have effect after 31 March 2003 only if a warrant sale is completed in respect of the poinding on or before that date.

(a) paragraph 24 of Schedule 7 to the Bankruptcy (Scotland) Act 1985 (c.66);

(b) the provisions of the Act of 1987 mentioned in section 58(2) above; and

(c) the provisions of the Act of 2002 mentioned in paragraph 29 of schedule 3 to this Act.

(a) of the type described in section 11(1); or

(b) which is kept in a dwellinghouse and which is not a non-essential asset for the purposes of Part 3 of this Act.

(a) different provision for different cases and for different classes of case; and

(b) such incidental, supplementary, consequential, saving or transitional provision as the Scottish Ministers think necessary or expedient.

(a) subject to section 90(7) of the Debtors (Scotland) Act 1987 (c.18), in serving a charge;

(b) in executing an attachment;

(c) in relation to a valuation arranged under section 15(3), 21(14) or 54(1) above (including the fees and outlays of the person who carried out the valuation);

(d) in making a report under section 17(1) of this Act of the execution of an attachment, but not in applying for an extension of time for the making of such a report;

(e) in granting a receipt under section 18(3) or 56(4) above;

(f) in making a report under section 18(5) above of the redemption by the debtor of any attached article;

(g) in giving notice to the debtor under section 27(4) above;

(h) in giving public notice under section 27(5) above;

(i) in removing any attached articles from the place at which they were attached;

(j) in opening shut and lockfast places for that purpose;

(k) in storing attached articles during the period between the time when they were removed from the place at which they were attached and the time when the attachment ceases to have effect (by virtue of the articles being auctioned or otherwise);

(l) in making arrangements for, conducting and supervising an auction of attached articles;

(m) where the arrangements for an auction have been cancelled under section 29(1) above, in returning attached articles to any premises from which they have been removed for auction;

(n) in making a report of an agreement under section 29(3)(a) above;

(o) subject to section 32(3) above, in making a report of auction under section 32(1) above;

(p) by a solicitor in instructing an officer to take any of the steps specified in this paragraph.

(a) in an application by the creditor or an officer of court to the sheriff under any provision of Part 2 or 3 of this Act, other than an application for an exceptional attachment order; or

(b) in implementing an order under-

(i) subsection (2)(b) or (10)(a) of section 21 above; or

(ii) section 20(1) above,

(a) chargeable against the debtor by virtue of paragraphs 1 or 3 above in respect of an application for the purposes of any of the provisions of Part 2 or 3 of this Act; or

(b) awarded by the sheriff against the debtor in favour of the creditor in a determination under paragraph 4 above in respect of an application other than an application for an order under subsection (2)(b) or (10)(a) of section 21 above,

(a) an application by the debtor to the sheriff under any provision of Part 2 or 3 of this Act;

(b) any objections to such an application;

(c) a hearing held by virtue of section 23(3), 26(4) or 33(7) above.

(a) an application mentioned in paragraph 6(a) above is frivolous;

(b) such an application is opposed on frivolous grounds; or

(c) a party requires, on frivolous grounds, a hearing to be held by virtue of any of the provisions mentioned in paragraph 6(c) above,

(a) in connection with an appeal under any provision of Part 2 or 3 of this Act; or

(b) by or against a person other than the debtor or a creditor in connection with an application under any provision of Part 2 or 3 of this Act.

(a) an article specified in paragraph 3 below;

(b) an article described in paragraph 4 below; and

(c) an article the attachment of which is (by virtue of section 11(1) above or otherwise) incompetent.

(a) clothing reasonably required for the use of the debtor or any member of the debtor's household;

(b) implements, tools of trade, books or other equipment reasonably required for the use of any member of the debtor's household in the practice of such member's profession, trade or business, not exceeding in aggregate value £1,000 or such other amount as may be prescribed in regulations made by the Scottish Ministers;

(c) medical aids or medical equipment reasonably required for the use of the debtor or any member of the debtor's household;

(d) books or other articles reasonably required for the education or training of the debtor or any member of the debtor's household not exceeding in aggregate value £1,000 or such other amount as may be prescribed in regulations made by the Scottish Ministers;

(e) articles reasonably required for the care or upbringing of a child who is a member of the debtor's household;

(f) toys for the use of any child who is a member of the debtor's household.

(a) beds or bedding;

(b) household linen;

(c) chairs or settees;

(d) tables;

(e) food;

(f) lights or light fittings;

(g) heating appliances;

(h) curtains;

(i) floor coverings;

(j) furniture, equipment or utensils used for storing, cooking or eating food;

(k) refrigerators;

(l) articles used for cleaning, drying, mending, or pressing clothes;

(m) articles used for cleaning the dwellinghouse;

(n) furniture used for storing-

(i) clothing, bedding or household linen;

(ii) articles used for cleaning the dwellinghouse; or

(iii) utensils used for cooking or eating food;

(o) articles used for safety in the dwellinghouse;

(p) tools used for maintenance or repair of the dwellinghouse or of household articles;

(q) computers and accessory equipment;

(r) microwave ovens;

(s) radios;

(t) telephones;

(u) televisions.

(a) add or remove types of articles to or, as the case may be, from those referred to in that paragraph; or

(b) vary any of the descriptions of the types of articles there referred to.

(a) in section 132 (recovery of damages, charges or expenses), the words from "and", where it second occurs, to the end; and

(b) sections 138 (recovery of penalties) and 139 (imprisonment in default of sufficient poinding),

(a) for "a poinding" there is substituted "an attachment"; and

(b) for "the poinding", in each place where it occurs, there is substituted "the attachment".

(a) for "poinding", in each place where it occurs in subsections (4) and (5), there is substituted "attachment";

(b) for "poinder", in both places where it occurs, there is substituted "attacher"; and

(c) for "poinded", in both places where it occurs, there is substituted "attached".

(a) in sub-paragraph (1), for "poindings" there is substituted "attachments"; and

(b) in sub-paragraph (3)-

(i) for "poinding", where it first occurs, there is substituted "attachment";

(ii) for "a poinding", where it first occurs, there is substituted "an attachment";

(iii) for "a poinding", where it second occurs, there is substituted "an attaching";

(iv) for "a sale" there is substituted "an auction"; and

(v) for "poinded" there is substituted "attached".

(a) in subsection (1)(b), for sub-paragraph (ii) there is substituted-

(b) in subsection (2)(d), for "a poinding" there is substituted "an attachment";

(c) in subsection (3)-

(i) for "a poinding" there is substituted "an attachment"; and

(ii) for "the poinding" there is substituted "the attachment";

(d) in subsection (4), for the words from "a poinding" to the end there is substituted "an attachment, making a report of attachment under section 17 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) or applying for an order under section 20(1) of that Act.";

(e) in subsection (8)(a)-

(i) for "21(1)(b) of this Act" there is substituted "20(1) or 22(3) of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)"; and

(ii) for "poinded" there is substituted "attached";

(f) in subsection (9)-

(i) for "27 of this Act" there is substituted "24 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)"; and

(ii) for "a poinding" there is substituted "an attachment"; and

(g) in subsection (12)-

(i) for "25 of this Act" there is substituted "25 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)";

(ii) for "a poinding" there is substituted "an attachment"; and

(iii) for "another poinding" there is substituted "another attachment".

(a) in subsection (1)(b)-

(i) for "a poinding" there is substituted "an attachment"; and

(ii) for "the poinding" there is substituted "the attachment"; and

(b) in subsection (2) for "a poinding" there is substituted "an attachment".

(a) in subsection (b), for "a poinding" there is substituted "an attachment"; and

(b) in the full-out words at the end, for "poinding" there is substituted "attachment".

(a) paragraph (a) of subsection (1); and

(b) subsection (3),

(a) paragraph (a) of subsection (1); and

(b) the word "poinding," in subsection (2)(b),

(a) in subsection (1), the words "21(1), 27(4), 43(5)" and "and paragraphs 6(1), 11(4) and 14(5) of Schedule 5 thereto"; and

(b) in subsection (7), paragraphs (a) to (j) and (q),

(a) in subsection (1), the words "except as provided in subsection (2) below"; and

(b) subsection (2),

(a) in subsection (1) (diligences which can be used to recover unpaid contributions), for paragraph (a) there is substituted-

(b) in subsection (4) (sheriff officer's fees and outlays), for the words from "paragraphs" to "sale)" there is substituted "section 39(1) of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) (expenses of attachment)".

(a) in subsection (2) (diligences which can be used to recover certain taxes), for paragraph (a) there is substituted-

(b) in subsection (3) (sheriff officer's fees and outlays), for the words from "paragraphs" to "sale)" there is substituted "section 39(1) of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) (expenses of attachment)".

(a) for "poinding", where it occurs in subsections (1) and (7) there is substituted "attachment"; and

(b) in subsection (2), for "poinded" there is substituted "attached."

(a) in subsection (1)-

(i) for "poinding" there is substituted "attachment"; and

(ii) for "poinder" there is substituted "attacher"; and

(b) in subsection (2), for "poinded" there is substituted "attached".

(a) for "poinding", in both places where it occurs, there is substituted "attachment"; and

(b) for "poinded" there is substituted "attached".

(a) for the words from "a poinding" to "1987" there is substituted "an attachment"; and

(b) for "paragraph 18(3) of that Schedule" there is substituted "section 30(4) of the Debt Arrangement and Attachment (Scotland) Act (asp 17)".

(a) for the words from "a poinding" to "1987" there is substituted "an attachment"; and

(b) for "paragraph 18(3) of that Schedule" there is substituted "section 30(4) of the Debt Arrangement and Attachment (Scotland) Act (asp 17)".