(1) Articles which are owned in common by a debtor...
- Pay co-owner their share of proceeds from sale of poinded article
UK Act of Parliament
1987
United Kingdom
Debtors (Scotland) Act 1987
At a glance
What's here
10 compliance obligations
Who this Act binds
Plus 1 non-business duty on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Browse 87 other Schedules — structural / supplementary
(1) Subject to paragraphs 2, 3 and 5 to 7...
Subject to paragraph 11 below, the debtor shall not be...
If— (a) an application mentioned in paragraph 10(a) above is...
Any expenses chargeable against the debtor by virtue of any...
Where a warrant of sale is varied under section 35...
Where arrangements for a sale are cancelled under subsection (1)...
Where a warrant of sale is varied under section 35...
Subject to paragraph 6 below, where any such further poinding...
Where any such further poinding as is mentioned in subsection...
Where a new date is arranged under section 35(10) of...
The liability for any expenses incurred by the creditor or...
Expenses— (a) chargeable against the debtor by virtue of any...
Where all the debts are ordinary debts, in every disbursement...
Where all the debts are current maintenance, then, in any...
Subject to paragraph 4 below, where the debts comprise both...
If the sum available for any disbursement is insufficient to...
Where— (a) only one of the debts is an ordinary...
For the purposes of this Schedule, the amount of an...
(1) For section 247 there shall be substituted the following...
For section 63 there shall be substituted the following sections—...
In paragraph 3(2) of Schedule 1 (recovery of car tax),...
(1) The following articles belonging to a debtor shall be...
(1) Where a caravan, houseboat or other moveable structure which...
(1) Subject to sub-paragraphs (2), (3) and (5) below, a...
(1) The debtor or the person in possession of poinded...
(1) The wilful damage or destruction of poinded articles by—...
(1) A sale in pursuance of a summary warrant shall...
(1) Where a sale of poinded articles is to be...
(1) The sheriff officer who makes arrangements for the sale...
(1) Subject to sub-paragraph (2) below and without prejudice to...
(1) In the sale there shall be no reserve price...
The sheriff officer who arranges the sale shall dispose of...
(1) No poinding shall be executed on Sunday, Christmas Day,...
(1) The sheriff officer who arranged the sale shall within...
(1) A sheriff officer may, at any time after the...
(1) Where an application under any of the provisions of...
A summary warrant shall contain a warrant authorising a sheriff...
(1) Subject to paragraphs 26 to 29 below, there shall...
Where arrangements for a sale are cancelled under sub-paragraph (4)...
Subject to paragraph 28 below, where any such further poinding...
Where any such further poinding as is mentioned in sub-paragraph...
Where a new date is arranged under paragraph 17(2) above...
(1) Subject to sub-paragraph (2) below, notwithstanding any warrant authorising...
The liability for any expenses incurred by the creditor or...
Expenses awarded by the sheriff against the debtor in favour...
Subject to paragraph 33 below, the debtor shall not be...
If— (a) an application mentioned in paragraph 32(a) above is...
Any expenses chargeable against the debtor by virtue of any...
In this Schedule— “creditor” means— (a) for the purposes of...
(1) The sheriff officer shall be entitled to poind articles...
(1) The procedure in a poinding shall be in accordance...
(1) The sheriff, on an application by the creditor, the...
(1) The sheriff may, on an application made within 14...
(1) If, at any time before the sale of the...
Subject to paragraph 7(2) above and paragraphs 12(2) and (6),...
Any reference in any enactment to an order being enforceable...
In section 693 (sums ordered to be leviable by poinding...
In section 1 (sheriff officer to have the powers of...
In section 2(1)(b) (execution of arrestment or charge by registered...
In section 12(2)(a) (recovery of fines imposed on master, etc....
In section 20(1) (enforcement and application of fines), for the...
After section 93 there shall be inserted the following section—...
In section 129 (time orders)— (a) at the beginning of...
In section 411 (recovery by civil diligence), in subsection (1)...
In section 17(1) (extension of powers of Land Court), for...
In section 93(b) and 107(3) (orders for expenses), for the...
In section 117 (execution and diligence against revenue traders), for...
In paragraph 8 of Schedule 1 (local inquiries), for the...
In section 5(2)(a) (recovery of fines), for the word “poinding”...
In section 8(2)(a) (recovery of fines), for the word “poinding”...
For section 110 (restriction on diligence), there shall be substituted...
In paragraph 24 of Schedule 7 (arrestments and poindings)—
At the end of section 22 (arrestment to prescribe in...
In section 57 (unserviceable vessels to be altogether removed from...
In section 2 (admittance to office of messengers-at-arms), for the...
At the end of section 14 (induciae of summonses and...
In section 138 (import of short clauses of consent to...
In section 4 (abolition of imprisonment for debt, with certain...
Notwithstanding the repeal by this Act of subsection (4) of...
Until the commencement of the repeal of the Supplementary Benefits...
The sheriff may refuse to make a time to pay...
Without prejudice to paragraphs 4 to 6 of this Schedule,...
Nothing in this Act shall affect an arrestment of earnings...
Where an arrestment of a debtor’s earnings in the hands...
(1) Subject to sub-paragraph (2) below, a summary warrant granted...
(1) Where before the commencement of paragraphs 21 and 23...
(1) The provisions of this Act relating to the liability...
Effect of time to pay order on diligence.
Other duties (1) — Crown / regulator
- Sheriff or Tribunal must stop debt enforcement when time to pay order is made Tribunal / Court
Release from poinding of articles belonging to third party.
- Release third-party property from poinding
Poinding and sale of articles in common ownership.
- Pay co-owner their share of proceeds from sale of jointly owned goods
Failure to comply with arrestment, manner of payment and creditor’s duty when arrestment ceases to have effect.
- Notify employer when an earnings arrestment ends or debt is paid
Conjoined arrestment orders: general provision.
- Deduct earnings and pay sheriff clerk under conjoined arrestment order
Relationship of conjoined arrestment order with earnings and current maintenance arrestments.
- Employer must inform creditor which court made conjoined arrestment order
Employer's duty to provide information
- Provide information and notice when receiving earnings arrestment orders
Creditor's duty to provide information
- Provide debt repayment information to employer or sheriff clerk
Arrestment on the dependence followed by decree
- Serve final decree on arrestee after obtaining it in arrested claim
Browse 138 other sections — procedural / definitional / commencement
Time to pay directions.
Effect of time to pay direction on diligence.
Variation and recall of time to pay direction and arrestment.
Lapse of time to pay direction.
Time to pay orders.
Application for time to pay order.
Disposal of application.
Effect of interim order on diligence.
Variation and recall of time to pay order and arrestment.
Lapse of time to pay order.
Sequestration and insolvency.
Saving of creditor’s rights and remedies.
Circumstances where direction or order not competent or no longer effective.
Interpretation of Part I.
Diligence on the dependence of action
Diligence on the dependence of petition
Diligence on the dependence to secure future or contingent debts
Application for diligence on the dependence
Grant of warrant without a hearing
Hearing on application
Execution of diligence before service of summons
Sum attached by arrestment on dependence
Property affected by inhibition on dependence
Recall or restriction of diligence on dependence
Variation of orders and variation or recall of conditions
Expenses of diligence on the dependence
Application of this Part to admiralty actions
Articles exempt from poinding.
Restrictions on times when poinding may be executed.
Power of entry for execution of poinding.
Value of articles which may be poinded and presumption as to ownership.
Poinding procedure.
Poinding procedure - further provisions.
Report of execution of poinding.
Release of poinded article on ground of undue harshness.
Invalidity, cessation and recall of poinding.
Second poinding in same premises.
Sist of proceedings in poinding of mobile homes.
Duration of poinding.
Removal of poinded articles.
Unlawful acts relating to poinded articles.
Application for warrant of sale.
Provisions of warrant of sale.
Location of sale.
Release or redemption of poinded articles after warrant.
Intimation and publication of sale.
Alteration of arrangements for sale.
Payment agreements after warrant of sale.
The warrant sale.
Disposal of proceeds of sale.
Report of warrant sale.
Certain proceedings under Part II to postpone further steps in the diligence.
Conjoining of further poinding with original poinding.
Expenses of poinding and sale.
Interpretation of Part II.
New diligences against earnings.
General effect of earnings arrestment.
Debt recoverable by earnings arrestment.
Deductions from net earnings to be made by employer.
Deductions where net earnings include holiday pay
Review of earnings arrestment.
General effect of current maintenance arrestment.
Enforcement of 2 or more obligations to pay maintenance.
Deductions from net earnings to be made by employer.
Current maintenance arrestment to be preceded by default.
Review and termination of current maintenance arrestment.
Effect of new maintenance order on current maintenance arrestment.
Simultaneous operation of earnings and current maintenance arrestment.
Priority among arrestments.
Amount recoverable under conjoined arrestment order.
Sum payable by employer under conjoined arrestment order.
Disbursement by sheriff clerk of sums received from employer.
Operation of conjoined arrestment order.
Recall and variation of conjoined arrestment order.
Equalisation of diligences not to apply.
Diversion of arrested earnings to Secretary of State.
Restriction on liability of employer in operating diligence against earnings.
Execution and intimation of copies.
Failure to give notice under section 70A(5)
Debtor's duty to provide information
Employer’s fee for operating diligence against earnings.
Effect of sequestration on diligence against earnings.
Interpretation of Part III.
Arrestment and action of furthcoming to proceed only on decree or document of debt
Schedule of arrestment to be in prescribed form
Debt advice and information
Funds attached
Protection of minimum balance in certain bank accounts
Arrestee's duty of disclosure
Failure to disclose information
Automatic release of arrested funds
Sum released under section 73J(2)
Circumstances preventing automatic release
Notice of objection
Hearings following notice of objection
Arrestee not liable for funds released in good faith
Application for release of property where arrestment unduly harsh
Hearing on application under section 73Q for release of property
Mandate to be in prescribed form
Arrestment of ships etc.
Recovery of rates and taxes etc.
Regulation of organisation, training, conduct and procedure.
Advisory Council.
Appointment of messenger-at-arms.
Inspection of work.
Investigation of alleged misconduct.
Courts’ powers in relation to offences or misconduct.
Provisions supplementary to section 80.
Appeals from decisions under sections 77, 79 and 80.
Service of charge and execution of diligence or warrant void where officer of court has interest.
Collection of statistics from officers of court.
Measure of damages payable by officer of court for negligence or other fault.
Official identity card.
Electronic communications
Effect of warrants for diligence in extract decrees and other documents.
Warrants for diligence: special cases.
Abolition of letters of horning, horning and poinding, poinding, and caption.
Provisions relating to charges for payment.
Enforcement of certain warrants and precepts of sheriff anywhere in Scotland.
General provision relating to liability for expenses in court proceedings.
Recovery from debtor of expenses of certain diligences.
Ascription of sums recovered by diligence or while diligence is in effect.
Certain diligences terminated by payment or tender of full amount owing.
Prescription of arrestment
Provisions to assist debtor in proceedings under Act.
s.97
s.98
(1) Sections 16 to 18, 23 and 26 of this...
s.100
s.101
Procedure in diligence proceeding on extract of registered document etc.
Appeals.
Regulations.
Application to Crown.
Interpretation.
Financial provisions.
Minor and consequential amendments, transitional provisions and repeals.
Short title, commencement and extent.
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