| Guvnor

Status: In Force
Penalty ceiling: Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Trader9 Any Person2

Plus 4 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Trader — also bound by 825 other Acts

Value Added Tax Regulations 1995 416 duties

Companies Act 2006 243 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 133 duties

Companies Act 1985 85 duties

Insolvency (England and Wales) Rules 2016 62 duties

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.062 Duty to notify Lord President and sheriff principal of bankruptcy etc. Regulated

Notify Lord President or sheriff principal within 28 days of bankruptcy or insolvency eventsAny Person

s.093 Notice to local authority of application for warrant for sale Regulated

Notify local authority when applying for warrant to sell attached dwellinghouseTrader

s.094 Preliminary hearing on application for warrant to sell Regulated

Other duties (1) — Crown / regulator

Sheriff must hold preliminary hearing and issue order for sale of attached landTribunal / Court

s.095 Valuation report Regulated

Allow valuation inspection of attached landTrader

s.096 Creditor's duties prior to full hearing on application for warrant for sale Regulated

Lodge required documents before full hearing on warrant for saleTrader

s.103 Intimation of sheriff's decision at full hearing Regulated

Creditor must send copy of warrant for sale to debtor and appointed personTrader

s.104 Supplementary orders as respects sale Regulated

Intimate supplementary sale orders as directed by the sheriffTrader

s.116 Proceeds of sale Regulated

Disburse land sale proceeds in the correct orderAny Person

s.122 Discharge Regulated

Discharge land attachment after it ceases to have effectTrader

s.132 Residual attachment order Regulated

Other duties (1) — Crown / regulator

Court must follow procedural rules when making residual attachment ordersTribunal / Court

s.136 Satisfaction order Regulated

Intimate a satisfaction order to the debtor and any other person specified by the courtTrader

s.137 Intimation of court's decision Regulated

Send copies of a satisfaction order to the debtor and othersTrader

s.177 Removal of money attached Regulated

Other duties (1) — Crown / regulator

Officer of court must remove and handle attached moneyStatutory regulator

s.192 Procedure where money owned in common is disposed of Regulated

Pay third party their share of attached money after disposalTrader

s.195 Recovery from debtor of expenses of money attachment Regulated

Other duties (1) — Crown / regulator

Sheriff must grant decree for payment of money attachment expensesTribunal / Court

216 other provisions — procedural and definitional

s.001 Discharge of debtor

s.002 Bankruptcy restrictions orders and undertakings

s.003 Disqualification from being appointed as receiver

s.004 Disqualification for nomination, election and holding office as member of local authority

s.005 Orders relating to disqualification

s.006 Amalgamation of offices of interim trustee and permanent trustee

s.007 Repeal of trustee's residence requirement

s.008 Duties of trustee

s.009 Grounds for resignation or removal of trustee

s.010 Termination of interim trustee's functions

s.011 Statutory meeting and election of trustee

s.012 Replacement of trustee acting in more than one sequestration

s.013 Requirement to hold money in interest bearing account

s.014 Debtor applications

s.015 Debtor applications by low income, low asset debtors

s.016 Sequestration proceedings to be competent only before sheriff

s.017 Vesting of estate and dealings of debtor

s.018 Income received by debtor after sequestration

s.019 Debtor's home and other heritable property

s.020 Modification of provisions relating to protected trust deeds

s.021 Modification of composition procedure

s.022 Status of Accountant in Bankruptcy as officer of the court

s.023 Accountant in Bankruptcy's power to investigate trustees under protected trust deeds

s.024 Modification of offences under section 67 of the 1985 Act

s.025 Debt limits in sequestrations

s.026 Creditor to provide debt advice and information package

s.027 Continuation of sequestration proceedings

s.028 Abolition of summary administration

s.029 Non-vested contingent interest reinvested in debtor

s.030 Debtor's requirement to give account of state of affairs

s.031 Restriction of debtor's right to appeal under sections 49(6) and 53(6) of the 1985 Act

s.032 Status of order on petition to convert protected trust deed into sequestration

s.033 Power to provide for lay representation in sequestration proceedings

s.034 Treatment of student loans on sequestration

s.035 Certain regulations under the 1985 Act: procedure

s.036 Minor and consequential amendments of the 1985 Act

s.037 Register of Floating Charges

s.038 Creation of floating charges

s.039 Advance notice of floating charges

s.040 Ranking of floating charges

s.041 Ranking clauses

s.042 Assignation of floating charges

s.043 Alteration of floating charges

s.044 Discharge of floating charges

s.045 Effect of floating charges on winding up

s.046 Repeals, savings and transitional arrangements

s.047 Interpretation

s.048 Formalities as to documents

s.049 Industrial and provident societies

s.050 Scottish Civil Enforcement Commission

s.051 Advisory Council's annual report

s.052 Publication of guidance and other information

s.053 Published information not to enable identification

s.054 Register of judicial officers

s.055 Code of practice

s.056 Publication of information relating to informal debt collection

s.057 Judicial officers

s.058 Appointment of judicial officer

s.059 Annual fee

s.060 Abolition of offices of messenger-at-arms and sheriff officer

s.061 Regulation of officers of court

s.063 Officers of court's professional association

s.063 Code of practice

s.064 Duty of professional association to forward complaints ...

s.065 Information from professional association

s.065 Annual fee

s.066 Inspection of officer of court

s.067 Investigation of alleged misconduct by judicial officer

s.068 Suspension of judicial officer pending outcome of disciplinary or criminal proceedings

s.069 Commission's duty in relation to offences or misconduct by judicial officer

s.070 Commission's power in relation to judicial officer's bankruptcy etc.

s.071 Referrals to the disciplinary committee

s.072 Disciplinary committee's powers

s.073 Orders under sections 68 and 72: supplementary provision

s.074 Appeals from decisions under sections 58, 68 and 72

s.075 Officer of court's actions void where officer has interest

s.076 Measure of damages payable by judicial officer for negligence or other fault

s.077 Effect of code of practice

s.078 Electronic publications and communications

s.079 Abolition of adjudication for debt

s.080 Renaming of the Register of Inhibitions and Adjudications

s.081 Land attachment

s.082 Attachable land

s.083 Notice of land attachment

s.084 Debts secured by land attachment not rendered heritable

s.085 Restriction on priority of ranking of certain securities

s.086 Lease granted after registration of notice of land attachment

s.087 Assignation of title deeds etc.

s.088 Acquisition of right to execute land attachment

s.089 Effect of debtor's death before land attachment created

s.090 Effect of debtor's death after land attachment created

s.091 Caveat by purchaser under missives

s.092 Application for warrant to sell attached land

s.097 Full hearing on application for warrant for sale

s.098 Application for warrant for sale of sole or main residence

s.099 Protection of purchaser under contract where creditor applies for warrant for sale

s.100 Protection of purchaser under contract where warrant for sale granted

s.101 Provision supplementary to sections 99 and 100

s.102 Warrant for sale of attached land owned in common

s.105 Effect of certain refusals of application for warrant for sale under section 97(5)

s.106 Termination of debtor's right to occupy land

s.107 Consequences of giving notice under section 106(1)

s.108 Appointed person

s.109 Method of sale

s.110 Legal incapacity or disability of debtor not to affect title of purchaser

s.111 Title of purchaser not to be affected by certain irregularities

s.112 Effect of registration of disposition on securities

s.113 Report of sale

s.114 Audit of report of sale

s.115 Sheriff's consideration of report

s.117 Foreclosure

s.118 Registration of decree of foreclosure

s.119 Ascription

s.120 Expenses of land attachment

s.121 Termination by payment etc.

s.123 Recall and restriction of land attachment

s.124 Duration of land attachment

s.125 Land attachment subsequent to reduction of deed granted in breach of inhibition

s.126 Land attachment as heritable security

s.127 Statement on impact of land attachment

s.127 Amendment of Bankruptcy (Scotland) Act 2016

s.128 Interpretation

s.129 Residual attachment

s.130 Application for residual attachment order

s.131 Effect of application for residual attachment order

s.133 Schedule of residual attachment

s.134 Creation and effect of residual attachment

s.135 Application for satisfaction order

s.138 Effect of certain refusals of application for satisfaction order

s.139 Termination by payment etc.

s.140 Recall

s.141 Duration of residual attachment

s.142 Effect of death of debtor

s.143 Expenses of residual attachment

s.144 Ascription

s.145 Interpretation

s.146 Certain decrees and documents of debt to authorise inhibition without need for letters of inhibition

s.147 Provision of debt advice and information package when executing inhibition

s.148 Registration of inhibition

s.148 Register of Inhibitions: electronic signature of documents

s.149 Date on which inhibition takes effect

s.150 Property affected by inhibition

s.151 Effect on inhibition to enforce obligation when alternative decree granted

s.152 Effect of conversion of limited inhibition on the dependence to inhibition in execution

s.153 Property affected by inhibition to enforce obligation to convey heritable property

s.154 Inhibition not to confer a preference in ranking

s.155 Power of receiver or liquidator in creditors' voluntary winding up to dispose of property affected by inhibition

s.156 Termination of effect of inhibition

s.157 Inhibition terminated by payment of full amount owing

s.158 Inhibition terminated by compliance with obligation to perform

s.159 Termination of inhibition when property acquired by third party

s.160 Breach of inhibition

s.161 Prescription of right to reduce transactions in breach of inhibition

s.162 Registration of notice of litigiosity and discharge of notice

s.163 Reduction of lease granted in breach of inhibition

s.164 Power to prescribe forms in the 1868 Act

s.165 Expenses of inhibition

s.166 Ascription

s.167 Keeper's duty to enter inhibition on title sheet

s.168 Inhibition effective against judicial factor

s.169 Diligence on the dependence

s.170 Prescription of arrestment

s.171 Abolition of letters of loosing

s.172 Abolition of adjudication in security

s.173 Interim attachment

s.174 Money attachment

s.175 Meaning of “money” and related expressions

s.176 When money attachment not competent

s.178 Presumption of ownership

s.179 Schedule of money attachment

s.180 Valuation of banking instruments

s.181 Order for realisation of money likely to deteriorate in value

s.182 Report of money attachment

s.183 Creditor's application for payment order

s.184 Effect of payment order

s.185 Release of money where attachment unduly harsh

s.186 Invalidity and cessation of money attachment

s.187 Termination of money attachment

s.188 Redemption of banking instrument

s.189 Final statement of money attachment

s.190 Audit of final statement under section 189(1)

s.191 Money in common ownership

s.193 Unlawful acts after money attachment

s.194 Appeals

s.196 Liability for expenses of money attachment

s.197 Ascription

s.198 Interpretation

s.199 Simultaneous operation of arrestments against earnings where net earnings insufficient

s.200 Arrestment of earnings: deductions from holiday pay

s.201 Provision of debt advice and information package

s.202 Intimation of arrestment schedule

s.203 Provision of information

s.204 Conjoined arrestment orders: jurisdiction

s.205 Arrestment of seamen's wages

s.206 Arrestment in execution

s.207 Abolition of maills and duties

s.208 Abolition of sequestration for rent and restriction of landlord's hypothec

s.209 Summary warrants, time to pay and charges to pay

s.210 Time to pay directions and time to pay orders

s.211 Debt payment programmes with debt relief

s.212 Further amendments of the Debt Arrangement and Attachment (Scotland) Act 2002

s.213 Admiralty actions and the arrestment of ships: modification of enactments

s.214 Expressions used in this Part

s.215 Procedure for execution of removing

s.216 Service of charge before removing

s.217 When removing not competent

s.218 Preservation of property left in premises

s.219 Caution for pecuniary claims

s.220 Information disclosure

s.221 Interpretation

s.222 Registration and execution of electronic standard securities

s.223 Crown application

s.224 Orders and regulations

s.225 Ancillary provision

s.226 Minor and consequential amendments and repeals

s.227 Short title and commencement

Schedules

0 of 148 shown

148 other schedules

s.sch001 Minor and consequential amendments of the 1985 Act

s.sch002 The Scottish Civil Enforcement Commission

s.sch003 There is to be chargeable against the debtor any expenses...

s.sch003 Expenses chargeable against the debtor by virtue of paragraph 1(e)...

s.sch003 Subject to paragraph 4 below, the debtor shall not be...

s.sch003 If— (a) an application mentioned in paragraph 3(a) above is...

s.sch003 Paragraphs 3 and 4 above do not apply to expenses...

s.sch004 In section 48 of the Administration of Justice Act 1956...

s.sch004 In section 11 of the 2002 Act (articles exempt from...

s.sch004 In section 47 of the 1956 Act—

s.sch004 After section 47D of the 1956 Act (as inserted by...

s.sch004 In section 6(c) of the Sheriff Courts (Scotland) Act 1907...

s.sch004 In sections 45(5) and 47(3)(b), (4)(b) and (5) of the...

s.sch004 In section 47(2)(r) of the 1956 Act, for “or hypothecation...

s.sch004 In section 47 of the 1956 Act—

s.sch004 (1) In paragraph 7 of schedule 5 to the Civil...

s.sch004 After section 47 of the 1956 Act, insert— Execution of...

s.sch004 (1) Section 47 of the 1956 Act is amended as...

s.sch004 After section 47A of the 1956 Act (as inserted by...

s.sch004 After section 47B of the 1956 Act (as inserted by...

s.sch005 In section 114 of the Companies Clauses Consolidation (Scotland) Act...

s.sch005 In section 32(1) of the Sheriff Courts (Scotland) Act 1971...

s.sch005 In section 92(3) of the Animal Health Act 1981 (power...

s.sch005 In section 27 of the Civil Jurisdiction and Judgments Act...

s.sch005 (1) The 1985 Act is amended as follows.

s.sch005 (1) The Insolvency Act 1986 is amended as follows.

s.sch005 In Part 2 of Schedule 2 to the Legal Aid...

s.sch005 (1) The 1987 Act is amended as follows.

s.sch005 (1) Schedule 2 to the Abolition of Domestic Rates etc....

s.sch005 In section 38 of the Child Support Act 1991 (enforcement...

s.sch005 In section 121B of the Social Security Administration Act 1992—...

s.sch005 In section 46 of the Harbours, Docks and Piers Clauses...

s.sch005 (1) Schedule 8 to the Local Government Finance Act 1992...

s.sch005 In Part II of Schedule 1 to the Tribunals and...

s.sch005 In section 32 of the Proceeds of Crime (Scotland) Act...

s.sch005 In section 221 of the Criminal Procedure (Scotland) Act 1995...

s.sch005 In section 52 of the Finance Act 1997—

s.sch005 In schedule 3 to the Ethical Standards in Public Life...

s.sch005 (1) Schedule 4 to the Water Industry (Scotland) Act 2002...

s.sch005 In Part 2 of schedule 2 to the Scottish Public...

s.sch005 In schedule 1 to the Freedom of Information (Scotland) Act...

s.sch005 In section 123 of the Proceeds of Crime Act (inhibition...

s.sch005 In section 3 of the Titles to Land Consolidation (Scotland)...

s.sch005 (1) The 2002 Act is amended as follows.

s.sch005 In schedule 2 to the Public Appointments and Public Bodies...

s.sch005 In paragraph 3(2) of Schedule 12 to the Finance Act...

s.sch005 In section 103(6) of the Civil Partnership Act 2004 (warrant...

s.sch005 In section 3(a) of the Writs Execution (Scotland) Act 1877...

s.sch005 In section 11A of the Judicial Factors (Scotland) Act (application...

s.sch005 (1) The Sheriff Courts (Scotland) Extracts Act 1892 is amended...

s.sch005 (1) The Execution of Diligence (Scotland) Act 1926 is amended...

s.sch005 (1) The Local Government (Scotland) Act 1947 is amended as...

s.sch005 (1) The Taxes Management Act 1970 is amended as follows....

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Bankruptcy and Diligence etc. (Scotland) Act 2007

Does it bind you?

Other Acts binding the same actors

What it requires

Schedules