| Guvnor

Status: In Force
Penalty ceiling: Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Trader5 Employer4

Plus 1 duty 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

Employer — also bound by 682 other Acts

The Income Tax (Pay As You Earn) Regulations 2003 241 duties

Provision and Use of Work Equipment Regulations 1998 120 duties

TULRCA 1992 72 duties

Income Tax (Earnings and Pensions) Act 2003 54 duties

Employment Rights (Northern Ireland) Order 1996 (current NI employment law) 53 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.009 Effect of time to pay order on diligence. Regulated

Other duties (1) — Crown / regulator

Sheriff or Tribunal must stop debt enforcement when time to pay order is madeTribunal / Court

s.040 Release from poinding of articles belonging to third party. Regulated

Release third-party property from poindingEmployer

s.041 Poinding and sale of articles in common ownership. Regulated

Pay co-owner their share of proceeds from sale of jointly owned goodsTrader

s.057 Failure to comply with arrestment, manner of payment and creditor’s duty when arrestment ceases to have effect. Regulated

Notify employer when an earnings arrestment ends or debt is paidTrader

s.060 Conjoined arrestment orders: general provision. Regulated

Deduct earnings and pay sheriff clerk under conjoined arrestment orderEmployer

s.062 Relationship of conjoined arrestment order with earnings and current maintenance arrestments. Regulated

Employer must inform creditor which court made conjoined arrestment orderEmployer

s.070 Employer's duty to provide information Regulated

Provide information and notice when receiving earnings arrestment ordersEmployer

s.070 Creditor's duty to provide information Regulated

Provide debt repayment information to employer or sheriff clerkTrader

s.073 Arrestment on the dependence followed by decree Regulated

Serve final decree on arrestee after obtaining it in arrested claimTrader

138 other provisions — procedural and definitional

s.001 Time to pay directions.

s.002 Effect of time to pay direction on diligence.

s.003 Variation and recall of time to pay direction and arrestment.

s.004 Lapse of time to pay direction.

s.005 Time to pay orders.

s.006 Application for time to pay order.

s.007 Disposal of application.

s.008 Effect of interim order on diligence.

s.010 Variation and recall of time to pay order and arrestment.

s.011 Lapse of time to pay order.

s.012 Sequestration and insolvency.

s.013 Saving of creditor’s rights and remedies.

s.014 Circumstances where direction or order not competent or no longer effective.

s.015 Interpretation of Part I.

s.015 Diligence on the dependence of action

s.015 Diligence on the dependence of petition

s.015 Diligence on the dependence to secure future or contingent debts

s.015 Application for diligence on the dependence

s.015 Grant of warrant without a hearing

s.015 Hearing on application

s.015 Execution of diligence before service of summons

s.015 Sum attached by arrestment on dependence

s.015 Property affected by inhibition on dependence

s.015 Recall or restriction of diligence on dependence

s.015 Variation of orders and variation or recall of conditions

s.015 Expenses of diligence on the dependence

s.015 Application of this Part to admiralty actions

s.016 Articles exempt from poinding.

s.017 Restrictions on times when poinding may be executed.

s.018 Power of entry for execution of poinding.

s.019 Value of articles which may be poinded and presumption as to ownership.

s.020 Poinding procedure.

s.021 Poinding procedure - further provisions.

s.022 Report of execution of poinding.

s.023 Release of poinded article on ground of undue harshness.

s.024 Invalidity, cessation and recall of poinding.

s.025 Second poinding in same premises.

s.026 Sist of proceedings in poinding of mobile homes.

s.027 Duration of poinding.

s.028 Removal of poinded articles.

s.029 Unlawful acts relating to poinded articles.

s.030 Application for warrant of sale.

s.031 Provisions of warrant of sale.

s.032 Location of sale.

s.033 Release or redemption of poinded articles after warrant.

s.034 Intimation and publication of sale.

s.035 Alteration of arrangements for sale.

s.036 Payment agreements after warrant of sale.

s.037 The warrant sale.

s.038 Disposal of proceeds of sale.

s.039 Report of warrant sale.

s.042 Certain proceedings under Part II to postpone further steps in the diligence.

s.043 Conjoining of further poinding with original poinding.

s.044 Expenses of poinding and sale.

s.045 Interpretation of Part II.

s.046 New diligences against earnings.

s.047 General effect of earnings arrestment.

s.048 Debt recoverable by earnings arrestment.

s.049 Deductions from net earnings to be made by employer.

s.049 Deductions where net earnings include holiday pay

s.050 Review of earnings arrestment.

s.051 General effect of current maintenance arrestment.

s.052 Enforcement of 2 or more obligations to pay maintenance.

s.053 Deductions from net earnings to be made by employer.

s.054 Current maintenance arrestment to be preceded by default.

s.055 Review and termination of current maintenance arrestment.

s.056 Effect of new maintenance order on current maintenance arrestment.

s.058 Simultaneous operation of earnings and current maintenance arrestment.

s.059 Priority among arrestments.

s.061 Amount recoverable under conjoined arrestment order.

s.063 Sum payable by employer under conjoined arrestment order.

s.064 Disbursement by sheriff clerk of sums received from employer.

s.065 Operation of conjoined arrestment order.

s.066 Recall and variation of conjoined arrestment order.

s.067 Equalisation of diligences not to apply.

s.068 Diversion of arrested earnings to Secretary of State.

s.069 Restriction on liability of employer in operating diligence against earnings.

s.070 Execution and intimation of copies.

s.070 Failure to give notice under section 70A(5)

s.070 Debtor's duty to provide information

s.071 Employer’s fee for operating diligence against earnings.

s.072 Effect of sequestration on diligence against earnings.

s.073 Interpretation of Part III.

s.073 Arrestment and action of furthcoming to proceed only on decree or document of debt

s.073 Schedule of arrestment to be in prescribed form

s.073 Debt advice and information

s.073 Funds attached

s.073 Protection of minimum balance in certain bank accounts

s.073 Arrestee's duty of disclosure

s.073 Failure to disclose information

s.073 Automatic release of arrested funds

s.073 Sum released under section 73J(2)

s.073 Circumstances preventing automatic release

s.073 Notice of objection

s.073 Hearings following notice of objection

s.073 Arrestee not liable for funds released in good faith

s.073 Application for release of property where arrestment unduly harsh

s.073 Hearing on application under section 73Q for release of property

s.073 Mandate to be in prescribed form

s.073 Arrestment of ships etc.

s.074 Recovery of rates and taxes etc.

s.075 Regulation of organisation, training, conduct and procedure.

s.076 Advisory Council.

s.077 Appointment of messenger-at-arms.

s.078 Inspection of work.

s.079 Investigation of alleged misconduct.

s.080 Courts’ powers in relation to offences or misconduct.

s.081 Provisions supplementary to section 80.

s.082 Appeals from decisions under sections 77, 79 and 80.

s.083 Service of charge and execution of diligence or warrant void where officer of court has interest.

s.084 Collection of statistics from officers of court.

s.085 Measure of damages payable by officer of court for negligence or other fault.

s.086 Official identity card.

s.086 Electronic communications

s.087 Effect of warrants for diligence in extract decrees and other documents.

s.088 Warrants for diligence: special cases.

s.089 Abolition of letters of horning, horning and poinding, poinding, and caption.

s.090 Provisions relating to charges for payment.

s.091 Enforcement of certain warrants and precepts of sheriff anywhere in Scotland.

s.092 General provision relating to liability for expenses in court proceedings.

s.093 Recovery from debtor of expenses of certain diligences.

s.094 Ascription of sums recovered by diligence or while diligence is in effect.

s.095 Certain diligences terminated by payment or tender of full amount owing.

s.095 Prescription of arrestment

s.096 Provisions to assist debtor in proceedings under Act.

s.097 s.97

s.098 s.98

s.099 (1) Sections 16 to 18, 23 and 26 of this...

s.100 s.100

s.101 s.101

s.102 Procedure in diligence proceeding on extract of registered document etc.

s.103 Appeals.

s.104 Regulations.

s.105 Application to Crown.

s.106 Interpretation.

s.107 Financial provisions.

s.108 Minor and consequential amendments, transitional provisions and repeals.

s.109 Short title, commencement and extent.

Schedules

1 of 88 shown

s.sch005 (1) Articles which are owned in common by a debtor... Regulated

Pay co-owner their share of proceeds from sale of poinded articleTrader

87 other schedules

s.sch001 (1) Subject to paragraphs 2, 3 and 5 to 7...

s.sch001 Subject to paragraph 11 below, the debtor shall not be...

s.sch001 If— (a) an application mentioned in paragraph 10(a) above is...

s.sch001 Any expenses chargeable against the debtor by virtue of any...

s.sch001 Where a warrant of sale is varied under section 35...

s.sch001 Where arrangements for a sale are cancelled under subsection (1)...

s.sch001 Where a warrant of sale is varied under section 35...

s.sch001 Subject to paragraph 6 below, where any such further poinding...

s.sch001 Where any such further poinding as is mentioned in subsection...

s.sch001 Where a new date is arranged under section 35(10) of...

s.sch001 The liability for any expenses incurred by the creditor or...

s.sch001 Expenses— (a) chargeable against the debtor by virtue of any...

s.sch003 Where all the debts are ordinary debts, in every disbursement...

s.sch003 Where all the debts are current maintenance, then, in any...

s.sch003 Subject to paragraph 4 below, where the debts comprise both...

s.sch003 If the sum available for any disbursement is insufficient to...

s.sch003 Where— (a) only one of the debts is an ordinary...

s.sch003 For the purposes of this Schedule, the amount of an...

s.sch004 (1) For section 247 there shall be substituted the following...

s.sch004 For section 63 there shall be substituted the following sections—...

s.sch004 In paragraph 3(2) of Schedule 1 (recovery of car tax),...

s.sch005 (1) The following articles belonging to a debtor shall be...

s.sch005 (1) Where a caravan, houseboat or other moveable structure which...

s.sch005 (1) Subject to sub-paragraphs (2), (3) and (5) below, a...

s.sch005 (1) The debtor or the person in possession of poinded...

s.sch005 (1) The wilful damage or destruction of poinded articles by—...

s.sch005 (1) A sale in pursuance of a summary warrant shall...

s.sch005 (1) Where a sale of poinded articles is to be...

s.sch005 (1) The sheriff officer who makes arrangements for the sale...

s.sch005 (1) Subject to sub-paragraph (2) below and without prejudice to...

s.sch005 (1) In the sale there shall be no reserve price...

s.sch005 The sheriff officer who arranges the sale shall dispose of...

s.sch005 (1) No poinding shall be executed on Sunday, Christmas Day,...

s.sch005 (1) The sheriff officer who arranged the sale shall within...

s.sch005 (1) A sheriff officer may, at any time after the...

s.sch005 (1) Where an application under any of the provisions of...

s.sch005 A summary warrant shall contain a warrant authorising a sheriff...

s.sch005 (1) Subject to paragraphs 26 to 29 below, there shall...

s.sch005 Where arrangements for a sale are cancelled under sub-paragraph (4)...

s.sch005 Subject to paragraph 28 below, where any such further poinding...

s.sch005 Where any such further poinding as is mentioned in sub-paragraph...

s.sch005 Where a new date is arranged under paragraph 17(2) above...

s.sch005 (1) Subject to sub-paragraph (2) below, notwithstanding any warrant authorising...

s.sch005 The liability for any expenses incurred by the creditor or...

s.sch005 Expenses awarded by the sheriff against the debtor in favour...

s.sch005 Subject to paragraph 33 below, the debtor shall not be...

s.sch005 If— (a) an application mentioned in paragraph 32(a) above is...

s.sch005 Any expenses chargeable against the debtor by virtue of any...

s.sch005 In this Schedule— “creditor” means— (a) for the purposes of...

s.sch005 (1) The sheriff officer shall be entitled to poind articles...

s.sch005 (1) The procedure in a poinding shall be in accordance...

s.sch005 (1) The sheriff, on an application by the creditor, the...

s.sch005 (1) The sheriff may, on an application made within 14...

s.sch005 (1) If, at any time before the sale of the...

s.sch005 Subject to paragraph 7(2) above and paragraphs 12(2) and (6),...

s.sch006 Any reference in any enactment to an order being enforceable...

s.sch006 In section 693 (sums ordered to be leviable by poinding...

s.sch006 In section 1 (sheriff officer to have the powers of...

s.sch006 In section 2(1)(b) (execution of arrestment or charge by registered...

s.sch006 In section 12(2)(a) (recovery of fines imposed on master, etc....

s.sch006 In section 20(1) (enforcement and application of fines), for the...

s.sch006 After section 93 there shall be inserted the following section—...

s.sch006 In section 129 (time orders)— (a) at the beginning of...

s.sch006 In section 411 (recovery by civil diligence), in subsection (1)...

s.sch006 In section 17(1) (extension of powers of Land Court), for...

s.sch006 In section 93(b) and 107(3) (orders for expenses), for the...

s.sch006 In section 117 (execution and diligence against revenue traders), for...

s.sch006 In paragraph 8 of Schedule 1 (local inquiries), for the...

s.sch006 In section 5(2)(a) (recovery of fines), for the word “poinding”...

s.sch006 In section 8(2)(a) (recovery of fines), for the word “poinding”...

s.sch006 For section 110 (restriction on diligence), there shall be substituted...

s.sch006 In paragraph 24 of Schedule 7 (arrestments and poindings)—

s.sch006 At the end of section 22 (arrestment to prescribe in...

s.sch006 In section 57 (unserviceable vessels to be altogether removed from...

s.sch006 In section 2 (admittance to office of messengers-at-arms), for the...

s.sch006 At the end of section 14 (induciae of summonses and...

s.sch006 In section 138 (import of short clauses of consent to...

s.sch006 In section 4 (abolition of imprisonment for debt, with certain...

s.sch007 Notwithstanding the repeal by this Act of subsection (4) of...

s.sch007 Until the commencement of the repeal of the Supplementary Benefits...

s.sch007 The sheriff may refuse to make a time to pay...

s.sch007 Without prejudice to paragraphs 4 to 6 of this Schedule,...

s.sch007 Nothing in this Act shall affect an arrestment of earnings...

s.sch007 Where an arrestment of a debtor’s earnings in the hands...

s.sch007 (1) Subject to sub-paragraph (2) below, a summary warrant granted...

s.sch007 (1) Where before the commencement of paragraphs 21 and 23...

s.sch007 (1) The provisions of this Act relating to the liability...

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

Debtors (Scotland) Act 1987

Does it bind you?

Other Acts binding the same actors

What it requires

Schedules