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Your Search for: Legislation type All Legislation; title Debtors (Scotland) ; year 1987; produced the following results within this item of legislation
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				Debtors (Scotland) Act 1987 (c. 18)
				Introductory Text
				Main body
				PART I EXTENSION OF TIME TO PAY DEBTS
				Time to pay directions on granting decree
				1. Time to pay directions.
				2. Effect of time to pay direction on diligence.
				3. Variation and recall of time to pay direction and arrestment.
				4. Lapse of time to pay direction.
				Time to pay orders following charge or diligence
				5. Time to pay orders.
				6. Application for time to pay order.
				7. Disposal of application.
				8. Effect of interim order on diligence.
				9. Effect of time to pay order on diligence.
				10. Variation and recall of time to pay order and arrestment.
				11. Lapse of time to pay order.
				Miscellaneous
				12. Sequestration and insolvency.
				13. Saving of creditor's rights and remedies.
				14. Circumstances where direction or order not competent or no longer effective.
				15. Interpretation of Part I.
				PART II POINDINGS AND WARRANT SALES
				[Poinding]
				[16. Articles exempt from poinding.]
				[17. Restrictions on times when poinding may be executed.]
				[18. Power of entry for execution of poinding.]
				[19. Value of articles which may be poinded and presumption as to ownership.]
				[20. Poinding procedure.]
				[21. Poinding procedure - further provisions.]
				[22. Report of execution of poinding.]
				[23. Release of poinded article on ground of undue harshness.]
				[24. Invalidity, cessation and recall of poinding.]
				[25. Second poinding in same premises.]
				[26. Sist of proceedings in poinding of mobile homes.]
				[27. Duration of poinding.]
				[Removal, damage or destruction of poinded articles]
				[28. Removal of poinded articles.]
				[29. Unlawful acts relating to poinded articles.]
				[Warrant sales]
				[30. Application for warrant of sale.]
				[31. Provisions of warrant of sale.]
				[32. Location of sale.]
				[33. Release or redemption of poinded articles after warrant.]
				[34. Intimation and publication of sale.]
				[35. Alteration of arrangements for sale.]
				[36. Payment agreements after warrant of sale.]
				[37. The warrant sale.]
				[38. Disposal of proceeds of sale.]
				[39. Report of warrant sale.]
				[Articles belonging to third parties or in common ownership]
				[40. Release from poinding of articles belonging to third party.]
				[41. Poinding and sale of articles in common ownership.]
				[Supplementary]
				[42. Certain proceedings under Part II to postpone further steps in the diligence.]
				[43. Conjoining of further poinding with original poinding.]
				[44. Expenses of poinding and sale.]
				[45. Interpretation of Part II.]
				PART III DILIGENCE AGAINST EARNINGS
				Introduction
				46. New diligences against earnings.
				Earnings arrestments
				47. General effect of earnings arrestment.
				48. Debt recoverable by earnings arrestment.
				49. Deductions from net earnings to be made by employer.
				50. Review of earnings arrestment.
				Current maintenance arrestments
				51. General effect of current maintenance arrestment.
				52. Enforcement of 2 or more obligations to pay maintenance.
				53. Deductions from net earnings to be made by employer.
				54. Current maintenance arrestment to be preceded by default.
				55. Review and termination of current maintenance arrestment.
				56. Effect of new maintenance order on current maintenance arrestment.
				General
				57. Failure to comply with arrestment, manner of payment and creditor's duty when arrestment ceases to have effect.
				58. Simultaneous operation of earnings and current maintenance arrestment.
				59. Priority among arrestments.
				Conjoined arrestment orders
				60. Conjoined arrestment orders: general provision.
				61. Amount recoverable under conjoined arrestment order.
				62. Relationship of conjoined arrestment order with earnings and current maintenance arrestments.
				63. Sum payable by employer under conjoined arrestment order.
				64. Disbursement by sheriff clerk of sums received from employer.
				65. Operation of conjoined arrestment order.
				66. Recall and variation of conjoined arrestment order.
				Supplementary provisions
				67. Equalisation of diligences not to apply.
				68. Diversion of arrested earnings to Secretary of State.
				69. Restriction on liability of employer in operating diligence against earnings.
				70. Execution and intimation of copies.
				71. Employer's fee for operating diligence against earnings.
				72. Effect of sequestration on diligence against earnings.
				73. Interpretation of Part III.
				PART IV RECOVERY OF RATES AND TAXES ETC.
				74. Recovery of rates and taxes etc.
				PART V MESSENGERS-AT-ARMS AND SHERIFF OFFICERS
				75. Regulation of organisation, training, conduct and procedure.
				76. Advisory Council.
				77. Appointment of messenger-at-arms.
				78. Inspection of work.
				79. Investigation of alleged misconduct.
				80. Courts' powers in relation to offences or misconduct.
				81. Provisions supplementary to section 80.
				82. Appeals from decisions under sections 79(5) and 80.
				83. Service of charge and execution of diligence or warrant void where officer of court has interest.
				84. Collection of statistics from officers of court.
				85. Measure of damages payable by officer of court for negligence or other fault.
				86. Official identity card.
				PART VI WARRANTS FOR DILIGENCE AND CHARGES FOR PAYMENT
				87. Effect of warrants for diligence in extract decrees and other documents.
				88. Warrants for diligence: special cases.
				89. Abolition of letters of horning, horning and poinding, poinding, and caption.
				90. Provisions relating to charges for payment.
				91. Enforcement of certain warrants and precepts of sheriff anywhere in Scotland.
				PART VII MISCELLANEOUS AND GENERAL
				92. General provision relating to liability for expenses in court proceedings.
				93. Recovery from debtor of expenses of certain diligences.
				94. Ascription of sums recovered by diligence or while diligence is in effect.
				95. Certain diligences terminated by payment or tender of full amount owing.
				96. Provisions to assist debtor in proceedings under Act.
				97. {In relation to any proceedings before the sheriff under any provision of this Act, the power co...}
				98. {At the end of Part II of Schedule 2 to the Legal Aid (Scotland) Act 1986 (proceedings for which...}
				99. {- Sections 16 to 18, 23 and 26 of this Act shall apply to a landlord's or superior's right of h...}
				100. {- An obligation ad factum praestandum which is contained in a document registered in the Books ...}
				101. {It shall not be competent for a creditor to bring an action of adjudication for debt (other tha...}
				102. Procedure in diligence proceeding on extract of registered document etc.
				103. Appeals.
				104. Regulations.
				105. Application to Crown.
				106. Interpretation.
				107. Financial provisions.
				108. Minor and consequential amendments, transitional provisions and repeals.
				109. Short title, commencement and extent.
				Schedules
				SCHEDULE 1
				SCHEDULE 2 ARRESTMENT
				SCHEDULE 3 DISBURSEMENTS BY SHERIFF CLERKS UNDER CONJOINED ARRESTMENT ORDER
				SCHEDULE 4 RECOVERY OF RATES AND TAXES ETC.
				SCHEDULE 5
				SCHEDULE 6 MINOR AND CONSEQUENTIAL AMENDMENTS
				SCHEDULE 7 TRANSITIONAL PROVISIONS
				SCHEDULE 8 REPEALS

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