Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Bankruptcy and Diligence etc. (Scotland) Act 2007

Type Act of the Scottish Parliament

Publication 2007-01-15

Last updated 2026-08-22

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

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(ba) circumstances in which some or all of the functions of a money adviser under section 3 above may instead be carried out by an approved intermediary; (bb) circumstances in which a debtor is entitled to make an application for the approval, or the variation, of a debt payment programme where the debtor has not obtained advice under section 3(1) above; (bc) the manner in which— (i) the seeking of the consent of creditors to applications for approval of debt payment programmes; or (ii) the making of such applications, affects the rights and remedies of creditors or other third parties;

(b) after paragraph (s) insert—

(sa) the class of person who may act as an approved intermediary;

; and

(ua) the functions of an approved intermediary;

(6) In section 9(1) (interpretation), before the definition of “money adviser” insert—

“approved intermediary” means any person, not being a money adviser, 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;

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In section 19(1) (removal and auction of attached articles), for “The officer who attached articles” substitute “ An officer ”.

(9) After section 19 insert—

(19A) (1) The officer may at any time remove an attached article without notice if— (a) the officer considers it necessary for— (i) the security; or (ii) the preservation of the value, of the article; and (b) there is insufficient time to obtain an order under section 20(1)(a) below. (2) The officer shall remove an article under subsection (1) above— (a) to the nearest convenient premises of the debtor or the person in possession of the articles; or (b) if— (i) no such premises are available; or (ii) the officer considers such premises to be unsuitable, to the nearest suitable secure premises. (3) Subsections (2) and (6) of section 19 above shall apply to this section as they apply to that section.

(10) In section 20(2)(b) (applications for orders for security etc. of articles), after “officer” insert

— (i) who attached articles; or (ii) who is authorised to arrange the auction

(11) In section 21(7) (notice of theft of attached articles), after “officer” insert

— (i) who attached articles; or (ii) who is authorised to arrange the auction,

(12) In section 26(5)(b) (return of removed articles), for “the officer” substitute “ an officer ”.

(13) In section 27(4) (notice of auction), the words “authorised to arrange the auction” are repealed.

(14) In section 31 (disposal of proceeds of auction)—

(a) after subsection (1), insert—

(1A) Where an article is sold at the auction at a price below the value of the article, the difference between that price and that value shall, prior to the proceeds of the auction being disposed of under subsection (1) above, be credited against the sum recoverable. (1B) Where— (a) an article to which subsection (1A) above applies has been damaged and revalued under section 21(10)(b) above; (b) the damage was not caused by the fault of the debtor; and (c) no sum has been consigned into court by a third party under section 21(11) above, the revaluation shall be disregarded for the purposes of subsection (1A) above.

; and

(b) in subsection (4), after “subsections” insert “ (1A), ”.

(15) After section 60 insert—

(60A) (1) This section applies where— (a) a report or declaration under this Act requires to be signed; and (b) provision is made by virtue of this Act or any other enactment permitting the report or declaration to be an electronic communication. (2) Where the report or declaration is an electronic communication, the requirement is satisfied by a certified electronic signature. (3) Subsection (2) above is to be read in accordance with section 7(2) and (3) of the Electronic Communications Act 2000 (c. 7) (electronic signatures and certification).

(16) In schedule 1 (expenses)—

(a) in paragraph 1, after sub-paragraph (o), insert—

(oa) in serving notice on the debtor under section 49(1)(b) above;

; and

(b) after that paragraph, insert—

(1A) The expenses referred to in sub-paragraphs (i), (j) and (k) of paragraph 1 above shall not be chargeable against the debtor if the articles are removed under section 19A(1) above.

Part 14 — Admiralty actions and arrestment of ships

Admiralty actions and the arrestment of ships: modification of enactments

213

Schedule 4 makes modifications of enactments relating to admiralty actions and the arrestment of ships.

Part 15 — Actions for removing from heritable property

Expressions used in this Part

214

(1) In this Part—

“a decree for removing from heritable property” means—a decree , order or warrant such as is mentioned in subsection (2) below; ora document such as is mentioned in subsection (3) below; ...

“an action for removing from heritable property” means, in the case of a decree , order or warrant, the proceedings in which such a decree , order or warrant is obtained.

“defender”, in relation to a decree for removing from heritable property of the type mentioned in subsection (2)(l), means any person against whom the decree is enforceable.

“the First-tier Tribunal” means the First-tier Tribunal for Scotland,

(2) The decrees , orders and warrants referred to in subsection (1) above are—

(a) a decree of removing and warrant of ejection obtained in an action of removing;

(b) a decree and warrant of ejection obtained in an action of ejection;

(c) a summary warrant of ejection obtained by virtue of section 36 of the Sheriff Courts (Scotland) Act 1907 (c. 51) (in this section, the “1907 Act”);

(d) a warrant for summary ejection obtained by virtue of section 37 of the 1907 Act;

(e) a decree obtained by virtue of a summary application for removing under section 38 of the 1907 Act;

(f) a decree for recovery of possession of heritable property obtained by virtue of a summary cause under section 35(1)(c) of the Sheriff Courts (Scotland) Act 1971 (c. 58);

(g) an order for possession (within the meaning of section 115(1) of the Rent (Scotland) Act 1984 (c. 58)) obtained by virtue of the Housing (Scotland) Act 1987 (c. 26) or the Housing (Scotland) Act 1988 (c. 43);

(h) a warrant for ejection of a crofter granted under section 22(3) of the Crofters (Scotland) Act 1993 (c. 44);

(i) an order of removal or ejection made under section 84(1)(e) of the Agricultural Holdings (Scotland) Act 2003 (asp 11); ...

(j) a warrant of ejection obtained by virtue of a summary application under section 38(1) of, or paragraph 3(1) of schedule 5 to, the Housing (Scotland) Act 2006 (asp 1), ; ...

(k) an eviction order issued under section 51 of the Private Housing (Tenancies) (Scotland) Act 2016,; ...

(l) a decree of removing and warrant for ejection granted under section 266(8ZA) of the Proceeds of Crime Act 2002 ; and

(m) a warrant of ejection obtained in connection with an order for termination of a tenant’s interest in a tenancy made under section 16(3ZA) of the Housing (Scotland) Act 2001,

being decrees , orders or warrants which, or extracts of which, authorise the removing or ejection of persons from subjects or premises.

(3) The documents referred to in subsection (1) above are—

(a) a lease, or an extract of a lease, having, by virtue of section 34 of the 1907 Act, the same force and effect as an extract decree of removing; and

(b) a letter of removal having, by virtue of section 35 of the 1907 Act, the same force and effect as an extract decree of removing.

(4) The Scottish Ministers may by order modify subsections (2) and (3) above by—

(a) adding types of decree, warrant or document to;

(b) removing types of decree, warrant or document from; or

the types of decree, warrant or document referred to in those subsections.

Procedure for execution of removing

215

The procedure and practice to be followed in the execution of any decree for removing from heritable property may be regulated and prescribed by Act of Sederunt or by rules made under section 68 or paragraph 4 of schedule 9 of the Tribunals (Scotland) Act 2014 and, without prejudice to that generality, such Act or rules may, in particular—

(a) prescribe the form of any notices or certificates to be used in or for the purposes of any such execution; and

(b) prescribe the procedure for removal from subjects or premises of any property in or on those subjects or premises.

Service of charge before removing

216

(1) A defender and any effects of the defender may, by virtue of a decree for removing from heritable property, be removed from subjects or premises but only if—

(a) the defender has been charged to remove from those subjects or premises within the appropriate period after the giving of the charge; and

(b) the period of charge has expired without the defender so removing.

(1A) In subsection (1)(a), “the appropriate period” means—

(a) in the case of a decree for removing from heritable property of the type mentioned in paragraph (l) of section 214(2), 28 days,

(b) in the case of a decree for removing from heritable property of the type mentioned in any other paragraph of that section, 14 days.

(2) Where—

(a) the subjects or premises are occupied by an occupant deriving right or having permission from the defender;

(b) the defender has been charged, under subsection (1) above, to remove from those subjects or premises; and

that occupant and any effects of that occupant may be removed from the subjects or premises.

(2A) Subsection (2) does not apply to an occupant with an assured tenancy or private residential tenancy ... or any effects of that occupant where the decree for removing from heritable property was granted on an application—

(a) to which section 5A of the Heritable Securities (Scotland) Act 1894 (c.44) applies; or

(b) under section 24(1B) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35).

(2B) In subsection (2A)—

“assured tenancy” has the same meaning as in Part 2 of the Housing (Scotland) Act 1988,

“private residential tenancy” has the same meaning as in the Private Housing (Tenancies) (Scotland) Act 2016.

(2C) Subsection (2) does not apply to an occupant, or any effects of the occupant, if—

(a) the decree for removing from heritable property is—

(i) an order for recovery of possession made under section 16(2)(d) or (e) of the Housing (Scotland) Act 2001, or

(ii) a warrant of ejection obtained in connection with an order for termination of a tenant’s interest in a tenancy made under section 16(3ZA) of that Act, and

(b) the occupant is—

(i) in relation to the subjects or premises, person P within the meaning of paragraph 15A of schedule 2 of the Housing (Scotland) Act 2001, or

(ii) a relevant member of person P’s family.

(2D) In subsection (2C)(b)(ii), a “relevant member of person P’s family” means a member of person P’s family (construed in accordance with section 108(1) and (2) of the Housing (Scotland) Act 2001), other than a member of the family—

(a) who is named (or otherwise identified) in the order for recovery of possession or, as the case may be, the warrant of ejection mentioned in subsection (2C)(a), and

(b) in relation to whom, the order or warrant (or an extract of the order or warrant) authorises the removing or ejection of the member from the subjects or premises.

(3) The officer of court removing the defender, any other occupant and any effects of such a defender or occupant from the subjects or premises—

(a) may, if necessary for the purposes of such removing, open shut and lockfast places; and

(b) must make an inventory of any effects removed.

(4) Where the decree or order for removing from heritable property is granted by a court or the First-tier Tribunal, the court or the First-tier Tribunal may, on cause shown, dispense with or vary the period of charge.

(5) It is no longer necessary to obtain from the Court of Session letters of ejection before removing a person by virtue of subsection (1) or (2) above.

(6) The Scottish Ministers may, by regulations, prescribe the form of charge under subsection (1) above.

When removing not competent

217

(1) It is not competent to execute a decree for removing from heritable property on—

(a) a Sunday;

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

(c) such other day as may be prescribed by Act of Sederunt or by rules made under section 68 or paragraph 4 of schedule 9 of the Tribunals (Scotland) Act 2014.

(2) The execution of such a decree must not—

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

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

unless the officer of court has obtained prior authority from the sheriff for the district in which the subjects or premises are situated , or from the First-tier Tribunal, for such commencement or continuation.

Preservation of property left in premises

218

(1) A court or the First-tier Tribunal, when granting decree for removing from heritable property, may direct that the pursuer takes such steps as the court or the First-tier Tribunal considers appropriate for the preservation of any effects removed from the subjects or premises.

(2) The court or the First-tier Tribunal may, when making a direction under subsection (1) above, order that the defender is to be liable for any costs incurred in taking such steps as are specified by virtue of that subsection.

(3) In the application of this section to the granting of a decree for removing from heritable property of the type mentioned in section 214(2)(l), “pursuer” means the trustee for civil recovery who is responsible by virtue of section 267(3)(ba) of the Proceeds of Crime Act 2002 for enforcing the decree.

Caution for pecuniary claims

219

(1) In an action for removing from heritable property, the court may, on cause shown, order the defender to find caution for any payment claimed (other than by way of expenses) by the pursuer for loss arising from the occupation of the subjects or premises by the defender or any other occupant deriving right or having permission from the defender.

(2) Notwithstanding subsection (1) above, it is no longer competent to order a defender to find caution for violent profits.

(3) Where an order is made under subsection (1) above, the defender may provide caution—

(a) by means of a bond of caution or other guarantee; or

(b) by consigning an appropriate sum in court.

(4) For the avoidance of doubt, the loss referred to in subsection (1) above includes loss arising from the lawful occupation of the subjects or premises by the defender or such other occupant.

Part 16 — Disclosure of information

Information disclosure

220

(1) The Scottish Ministers may, by regulations, make provision for—

(a) the obtaining, on the application to the sheriff by creditors, by the sheriff of information about debtors; and

(b) the disclosure of that information to creditors to facilitate diligence to enforce payment of debts due by virtue of decrees and documents of debt.

(2) Regulations under subsection (1) above may, in particular—

(a) provide about applications by the creditor;

(b) prescribe persons who may make an application on the creditor's behalf;

(d) prescribe the information about the debtor which may be obtained;

(e) prescribe the persons from whom such information may be required;

(f) provide about the consequences (if any) of such a prescribed person failing to disclose information when required to do so;

(g) provide about the disclosure of information obtained by the sheriff to—

(i) the creditor; and

(ii) such other persons as the regulations may prescribe;

(h) provide for unauthorised use or disclosure of such information to be an offence; and

(i) make such other provision as the Scottish Ministers think fit.

(3) Regulations under subsection (1) above may not prescribe the debtor as a person from whom information may be required.

(4) A person who commits an offence under regulations made under subsection (1) above is liable to such penalties, not exceeding the penalties mentioned in subsection (5) below, as are provided for in the regulations.

(5) Those penalties are—

(a) on summary conviction, imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, imprisonment for a term not exceeding 2 years or a fine or both.

(6) Any provision made under regulations under subsection (1) above does not prejudice any power to disclose or use information (or to order such disclosure or use) that exists under any other enactment or rule of law.

(7) The disclosure or use of information by virtue of regulations under subsection (1) above is not to be taken to breach any restriction on the disclosure or use of such information (however imposed).

(8) The Scottish Ministers may by order modify, for the purposes of this section, the definitions of “decree” and “document of debt” in section 221 of this Act by—

(a) adding types of decree or document to;

(b) removing types of decree or document from; or

the types of decree or document to which those definitions apply.

Part 17 — General and miscellaneous

Interpretation

221

In this Act—

the “1985 Act” means the Bankruptcy (Scotland) Act 1985 (c. 66);

the “1987 Act” means the Debtors (Scotland) Act 1987 (c. 18);

the “2002 Act” means the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17);

“certified electronic signature” is to be read in accordance with section 7(2) and (3) of the Electronic Communications Act 2000 (c. 7);

“debt advice and information package” has the meaning given by section 81(8) of this Act;

“decree” means—a decree of the Court of Session, of the High Court of Justiciary or of the sheriff;a decree of the Court of Teinds;a summary warrant;a civil judgement granted outside Scotland by a court, tribunal or arbiter which, by virtue of any enactment or rule of law, is enforceable in Scotland;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 granted by the sheriff;a warrant granted in criminal proceedings for enforcement by civil diligence;an order under section 114 of the Companies Clauses Consolidation (Scotland) Act 1845 (c. 17);a determination under section 46 of the Harbours, Docks and Piers Clauses Act 1847 (c. 27); ora liability order within the meaning of section 33(2) of the Child Support Act 1991 (c. 48);

“document of debt” means—a document registered for execution in the Books of Council and Session or in the sheriff court books;a bill protested for non-payment by a notary public; ...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;...a maintenance arrangement (within the meaning of Article 3(e) of the Hague Convention) which is registered in the sheriff court under the Hague Convention;

“electronic communication” has the meaning given by section 15(1) of the Electronic Communications Act 2000 (c. 7);

“the Hague Convention” means the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007;

“ officer of court ” means a messenger-at-arms or a sheriff officer;

“professional association” shall be construed in accordance with section 63(1)(a) of this Act.

Execution of diligence: electronic standard securities

Registration and execution of electronic standard securities

222

(1) The Requirements of Writing (Scotland) Act 1995 (c. 7) is amended as follows.

(2) In section 6(1) of that Act (recording and registration of documents), after “subsection (3) below” insert “ and section 6A of this Act ”.

(3) After section 6 of that Act insert—

(6A) (1) This section applies where an electronic document, which creates a standard security over a real right in land, is presumed under section 3A of this Act to have been authenticated by the granter. (2) An office copy of the electronic document may be registered for preservation and execution in the Books of Council and Session or in the sheriff court books. (3) An office copy so registered is to be treated for the purposes of executing any diligence (including, for the avoidance of doubt, for the purposes of sections 1 and 2 of the Writs Execution (Scotland) Act 1877 (c. 40)) as if— (a) the standard security were created by a document to which section 6(2) of this Act applies; and (b) the office copy were that document.

General

Crown application

223

(1) Subject to subsection (2) below, this Act binds the Crown acting in its capacity as a creditor.

(2) An amendment or other modification by this Act of an enactment binds the Crown to the same extent as the enactment being amended or modified.

Orders and regulations

224

(1) Any power conferred by this Act on the Scottish Ministers to make orders or regulations is exercisable by statutory instrument.

(2) Any power conferred by this Act on the Scottish Ministers to make orders or regulations—

(a) may be exercised so as to make different provision for different cases or descriptions of case or for different purposes; and

(b) includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Scottish Ministers think fit.

(3) A statutory instrument containing an order or regulations made under this Act (other than an order under section 227(3) of this Act) is, subject to subsections (4) and (5) below, subject to annulment in pursuance of a resolution of the Scottish Parliament.

(4) No statutory instrument—

(a) containing an order which makes provision such as is mentioned in section 225(2) of this Act; or

(b) containing—

(i) regulations made under section 50(4), 83(3), 92(2) or (3), 97(7)(b) or 98(6) of this Act; or

(ii) the first regulations made under section 220(1) of this Act,

may be made unless a draft of it has been laid before, and approved by a resolution of, the Scottish Parliament.

(5) Subsection (3) above does not apply to a statutory instrument containing further regulations made under section 220(1) of this Act where a draft of it has been laid before, and approved by a resolution of, the Scottish Parliament.

Ancillary provision

225

(1) The Scottish Ministers may, by order made by statutory instrument, make such incidental, supplemental, consequential, transitory, transitional or saving provision which they consider necessary or expedient for the purposes of this Act or in consequence of any provision made by or under this Act.

(2) An order under subsection (1) above may modify any enactment (including this Act) or instrument.

Minor and consequential amendments and repeals

226

(1) Schedule 5 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act, has effect.

(2) The enactments mentioned in the first column of Part 1 of schedule 6 to this Act are repealed to the extent specified in the second column of that schedule.

(3) The enactment mentioned in the first column of Part 2 of schedule 6 to this Act is revoked to the extent specified in the second column of that schedule.

Short title and commencement

227

(1) This Act may be cited as the Bankruptcy and Diligence etc. (Scotland) Act 2007.

(2) Section 222 of this Act comes into force on the day after Royal Assent.

(3) The remaining provisions of this Act, except this section and sections 224 and 225, come into force on such day as the Scottish Ministers may, by order, appoint.

(4) Different days may, under subsection (3) above, be appointed for different purposes.

SCHEDULE 1 — Minor and consequential amendments of the 1985 Act

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60

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61

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62

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SCHEDULE 2 — The Scottish Civil Enforcement Commission

Status

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Membership

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tenure of office

4

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5

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6

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7

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8

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9

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10

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11

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12

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Filling vacancies

13

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14

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Chairperson

15

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Disciplinary Committee

16

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Remuneration

17

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General powers

18

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19

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20

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Quorum

21

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Structure and procedures

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chief executive officer and other staff

23

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24

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25

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26

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27

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28

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Location of office

29

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Financing by the Scottish Ministers

30

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31

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32

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Accounts and audit

33

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34

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35

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SCHEDULE 3 — Expenses of money attachment

Expenses chargeable against the debtor

1

There is to be chargeable against the debtor any expenses incurred—

(a) subject to section 90(7) of the 1987 Act, in serving a charge;

(b) in executing a money attachment;

(c) in relation to a valuation arranged under section 180(1) of this Act (including the fees and outlays of the person who carried out the valuation);

(d) in making a report under section 182(1) of this Act but not in applying for an extension of time for the making of such a report;

(e) in applying for a payment order under section 183(2) of this Act;

(f) in granting a receipt and making a report to the sheriff under section 188(4) of this Act;

(g) in giving a statement under section 189(1) of this Act;

(h) in removing money from the place at which is was found;

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

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

2

Expenses chargeable against the debtor by virtue of paragraph 1(e) above must be calculated, whether or not the application is opposed by the debtor, as if it were unopposed.

Circumstances where no expenses are due to or by either party

3

Subject to paragraph 4 below, the debtor shall not be liable to the creditor nor the creditor to the debtor for any expenses incurred by the other party in connection with—

(a) an application under section 181(1), 185(1) or 186 of this Act;

(b) any objections to such an application;

(d) a hearing held by virtue of section 183(8), 186(6) or 190(7) of this Act.

4

If—

(a) an application mentioned in paragraph 3(a) above is frivolous;

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

(d) a party requires, on frivolous grounds, a hearing mentioned in paragraph 3(d) above to be held,

the sheriff may award a sum of expenses, not exceeding such amount as may be prescribed by the Scottish Ministers by regulations, against the party acting frivolously in favour of the other party.

5

Paragraphs 3 and 4 above do not apply to expenses incurred in connection with an appeal under section 194(1).

SCHEDULE 4 — Modifications of enactments relating to admiralty actions and the arrestment of ships

Definition of “maritime lien”

1

In section 48 of the Administration of Justice Act 1956 (c. 46) (in this Act, the “1956 Act”)—

(a) the existing words become subsection (1);

(b) paragraph (d) is repealed; and

(2) In this Act and in any other enactment (including an Act of the Scottish Parliament and any enactment comprised in subordinate legislation under such an Act), “maritime lien” means a hypothec over a ship, cargo or other maritime property.

2

In sections 45(5) and 47(3)(b), (4)(b) and (5) of the 1956 Act, before the word “lien” in each place where it occurs, insert the word “ maritime ”.

3

In section 47(2)(r) of the 1956 Act, for “or hypothecation of” substitute “ , hypothecation of or existence of any other charge on ”.

The term “admiralty action”

4

In section 47 of the 1956 Act—

(a) in subsection (2)(h), after “bond” insert “ or contract of respondentia ”;

(b) after subsection (2), insert—

(2A) An action having a conclusion appropriate for the enforcement of a claim to which subsection (2) above applies shall be known as an “admiralty action”.

5

(1) In paragraph 7 of schedule 5 to the Civil Jurisdiction and Judgements Act 1982 (c. 27), for “Admiralty cause” substitute “ admiralty action ”.

(2) In paragraph 6 of schedule 9 to that Act, for “causes” substitute “ actions ”.

Arrestment in rem granted by the sheriff

6

After section 47 of the 1956 Act, insert—

(47A) (1) A warrant for the arrestment in rem of a ship, cargo or other maritime property granted by the sheriff may be executed— (a) within the sheriffdom in which the warrant was granted; or (b) where the ship, cargo or other maritime property was situated within that sheriffdom when the warrant was granted, anywhere in Scotland. (2) For the avoidance of doubt, where a warrant for arrestment in rem granted by the sheriff has been executed, an order for the sale of the arrested ship, cargo or other maritime property may be made notwithstanding that it is not situated within the sheriffdom when the order is made.

Arrestment on the dependence

7

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

(2) In subsection (1)—

(a) after “arrest”, where it second occurs, insert “ a ship or other maritime property which is not cargo ”;

(b) after “unless”, where it second occurs, insert “ at the time when the arrestment is executed ”;

(c) in paragraph (a), after “concerned” insert “ and the defender against whom that conclusion is directed owns at least one share in it or is the demise charterer of it ”; and

(d) in paragraph (b), the words “against whom that conclusion is directed” are repealed.

(3) After subsection (1), insert—

(1A) Where a warrant to arrest on the dependence referred to in subsection (1) above (an “initial arrestment”) has been executed, then, subject to subsection (1B) below, no further warrant may be granted to arrest on the dependence— (a) the subjects of the initial arrestment; or (b) while the initial arrestment continues to have effect, any other ship in which the defender owns at least one share, in respect of the claim to which the initial arrestment relates. (1B) A further warrant to arrest on the dependence may be granted if— (a) the further arrestment complies with the requirements of subsection (1) above; and (b) cause is shown for granting the further warrant.

(4) In subsection (3)—

(a) in paragraph (a), after “ship” insert “ or of any share in it ”; and

(b) after “ship”, where it last occurs, insert “ or, as the case may be, any share in a ship other than in the ship, ”.

Liability for losses and expenses

8

After section 47A of the 1956 Act (as inserted by paragraph 6 above), insert—

(47B) (1) Subject to subsection (3) below, a pursuer shall be entitled to such expenses as are incurred— (a) in obtaining warrant for the arrest of a ship, cargo or other maritime property on the dependence of an action; and (b) in executing the arrestment. (2) Subject to subsection (4) below, a defender shall be entitled, where— (a) warrant for the arrest of a ship, cargo or other maritime property on the dependence of an action is granted; and (b) the court is satisfied that the pursuer was acting unreasonably in applying for it, to such expenses as are incurred in opposing that warrant. (3) The court may modify or refuse such expenses as are mentioned in subsection (1) above if it is satisfied that— (a) the pursuer was acting unreasonably in applying for the warrant; or (b) such modification or refusal is reasonable in all the circumstances and having regard to the outcome of the action. (4) The court may modify or refuse such expenses as are mentioned in subsection (2) above if it is satisfied as to the matter mentioned in subsection (3)(b) above. (5) Subject to subsections (1) to (4) above, the court may make such findings as it thinks fit in relation to such expenses as are mentioned in subsections (1) and (2) above. (6) Expenses incurred as mentioned in subsections (1)(a) and (2) above shall be expenses of process. (7) Subsections (1) to (4) above are without prejudice to any enactment or rule of law as to the recovery of expenses chargeable against a debtor as are incurred in executing an arrestment on the dependence of an action. (8) Where warrant is granted for the arrest of a ship in rem in proceedings to which section 47(3)(b) of this Act applies, the court may make such findings as it thinks fit in relation to expenses incurred— (a) in obtaining the warrant and, as the case may be, executing the arrestment; (b) in opposing the application for the warrant. (9) For the avoidance of doubt, expenses incurred in applying for and executing the arrest of a ship, cargo or other maritime property in rem in respect of a conclusion appropriate for the making good of a maritime lien shall be expenses of process.

Factors affecting arrestments

9

After section 47B of the 1956 Act (as inserted by paragraph 8 above), insert—

(47C) (1) It is not competent to execute an arrestment of cargo unless the cargo is on board a ship when the arrestment is executed. (2) For the avoidance of doubt, it is competent to execute an arrestment of cargo where it is in the possession of the defender or of a person acting on behalf of the defender. (47D) Where cargo is arrested, the ship is treated as if arrested until the cargo is unloaded.

Cargo on board a ship exempt from attachment

10

In section 11 of the 2002 Act (articles exempt from attachment), at the end insert—

(3) It is not competent to attach cargo which it is competent to arrest by virtue of section 47C of the Administration of Justice Act 1956 (c. 46) (competence of arresting cargo).

Location of a ship when arrestment executed

11

In section 47 of the 1956 Act—

(a) after subsection (5), insert—

(5A) Subject to subsection (6) below, it is competent to execute an arrestment of a ship, cargo or other maritime property regardless of whether the ship or other maritime property is in non-tidal or tidal waters or on land. (5B) In subsection (5A) above, “tidal waters” means any part of the sea and any part of a river within the ebb and flow of the tide at ordinary spring tides.

; and

(b) in subsection (6), for the words from “Nothing” to “of”, where it second occurs, substitute, “ It is not competent to execute an arrestment of a ship or cargo on board ”.

Demise charters

12

After section 47D of the 1956 Act (as inserted by paragraph 9 above) insert—

(47E) (1) This section applies where— (a) a ship is arrested on the dependence of an admiralty action against the demise charterer of it; and (b) the pursuer obtains decree for payment for all or part of a principal sum concluded for in the action. (2) Where the owner or demise charterer of the ship— (a) pays the sum due under the decree to— (i) the pursuer; or (ii) any person who has authority to receive payment on behalf of the pursuer; or (b) tenders that sum to any of those persons and the tender is not accepted within a reasonable time, the arrestment ceases to have effect. (3) The court may, on the application of the pursuer, make an order for the sale of the ship. (4) Subject to sections 47F and 47G below, the court shall rank any claims made on the proceeds. (5) A ship sold under subsection (3) above vests in the purchaser free of any security or other encumbrance. (6) The Court of Session may, by Act of Sederunt, make provision relating to proceedings under this section. (47F) In any ranking process relating to the proceeds of sale of a ship (or any share in a ship), an arrestment of the ship (or share) executed before the sale by a creditor of the owner of the ship (or share) shall rank in preference over any arrestment of the ship executed on the dependence of an admiralty action against the demise charterer of the ship. (47G) (1) This section applies where— (a) a ship is arrested on the dependence of an admiralty action against the demise charterer of it; and (b) at any time after the arrestment is executed— (i) the owner of the ship's estate is sequestrated; or (ii) where the owner is a company, it is wound up. (2) The creditor who executed the arrestment is entitled to rank on the proceeds of any sale of the ship resulting from the sequestration or, as the case may be, winding up. (3) Section 37(4) and (5) of the Bankruptcy (Scotland) Act 1985 (c. 66) (effect of sequestration on arrestment or attachment) and section 185(1)(a) and (2) (in so far as applying and modifying section 37(4) and (5)) of the Insolvency Act 1986 (c. 45) (application of sequestration provisions relating to diligence on winding up) shall apply to such an arrestment as they apply to any other arrestment. (47H) Where the defender in an admiralty action is the demise charterer of the ship with which the action is concerned, the court may, on the application of the pursuer, grant warrant to arrest the ship to found jurisdiction.

13

In section 6(c) of the Sheriff Courts (Scotland) Act 1907 (c. 51) (competence of arresting a ship to found jurisdiction in sheriff court), after “owner”, where it second occurs, insert “ or demise charterer ”.

SCHEDULE 5 — Minor and consequential amendments

The Companies Clauses Consolidation (Scotland) Act 1845 (c. 17)

1

In section 114 of the Companies Clauses Consolidation (Scotland) Act 1845 (summary remedy against parties failing to account), after “attachment” insert “ or money attachment ”.

The Harbours, Docks and Piers Clauses Act 1847 (c. 27)

2

In section 46 of the Harbours, Docks and Piers Clauses Act 1847 (power of justice or sheriff to settle disputes over costs of diligence), after “attachment” insert “ or money attachment ”.

The Titles to Land Consolidation (Scotland) Act 1868 (c. 101)

3

In section 3 of the Titles to Land Consolidation (Scotland) Act 1868 (definitions), in the definition of the “deed” and “conveyance”—

(a) after “adjudged” insert “ in implement ”; and

(b) after “adjudication”, where it third occurs, insert “ in implement ”.

The Writs Execution (Scotland) Act 1877 (c. 40)

4

In section 3(a) of the Writs Execution (Scotland) Act 1877 (warrant in extract writ to authorise diligence)—

(a) after “arrestment” insert “ , a land attachment, a residual attachment, a money attachment ”; and

(b) after “executing the” insert “ land attachment, residual attachment, money attachment or ”.

The Judicial Factors (Scotland) Act 1889 (c. 39)

5

In section 11A of the Judicial Factors (Scotland) Act (application for judicial factor on estate of deceased person)—

(a) in subsection (1)—

(i) for “petition to the Court of Session or” substitute “ application ”; and

(ii) for “petition”, where it second occurs, substitute “ application ”; and

(b) in subsection (2), for “petition” substitute “ application ”.

The Sheriff Courts (Scotland) Extracts Act 1892 (c. 17)

6

(1) The Sheriff Courts (Scotland) Extracts Act 1892 is amended as follows.

(2) In section 7(1)(a) (warrant in extract decree to authorise diligence)—

(a) after “arrestment” insert “ , a land attachment, a residual attachment, a money attachment ”; and

(b) after “executing the” insert “ land attachment, residual attachment, money attachment or ”.

(3) In section 7(4) (warrant in extract decree of removing), for the words “forty-eight hours” in both places where they occur substitute “ 14 days ”.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Execution of Diligence (Scotland) Act 1926 (c. 16)

7

(1) The Execution of Diligence (Scotland) Act 1926 is amended as follows.

(2) In section 2 (execution by registered letter)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in subsection (2)(b)—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) for “law agent enrolled in such sheriffdom” substitute “ solicitor ”;

(d) in subsection (2)(g), for “rule 111” substitute “ rule 6.1 ”.

(3) In section 3 (authorisation by sheriff to do diligence)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “law agent” substitute “ solicitor ”.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government (Scotland) Act 1947 (c. 43)

8

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

(2) In section 247(3) (diligences which can be used to recover rates), after paragraph (a) insert—

(aa) a money attachment;

(3) In section 247A(1) (sheriff officer's fees and outlays), after “attachment)” insert “ and section 196(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (expenses of money attachment) ”.

The Taxes Management Act 1970 (c. 9)

9

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

(2) In section 63(2) (diligences which can be used to recover tax), after paragraph (a) insert—

(aa) a money attachment;

(3) In section 63A(1) (sheriff officer's fees and outlays), after “attachment)” insert “ and section 196(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (expenses of money attachment) ”.

The Sheriff Courts (Scotland) Act 1971 (c. 58)

10

In section 32(1) of the Sheriff Courts (Scotland) Act 1971 (power of Court of Session to regulate sheriff court civil procedure), in paragraph (l), for the words “an attachment” substitute “ an interim attachment, an attachment, a money attachment, a land attachment or a residual attachment ”.

The Animal Health Act 1981 (c. 22)

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Civil Jurisdiction and Judgments Act 1982 (c. 27)

12

In section 27 of the Civil Jurisdiction and Judgments Act 1982 (power of Court of Session to grant provisional and protective measures in respect of proceedings outwith Scotland)—

(a) in subsection (1), after paragraph (b), insert—

(ba) subject to subsection (2)(c) below, grant a warrant for the interim attachment of corporeal moveable property situated in Scotland;

; and

(b) in subsection (2)(c), for the words “and (b)” substitute “ , (b) and (ba) ”.

The Bankruptcy (Scotland) Act 1985 (c. 66)

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Insolvency Act 1986 (c. 45)

14

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

(2) After section 61(1) (which sets out the process by which a receiver may dispose of property subject to both the floating charge and to another security, other encumbrance or diligence) insert—

(1B) For the purposes of subsection (1) above, an arrestment is an effectual diligence only where it is executed before the floating charge, by virtue of which the receiver was appointed, attaches to the property comprised in the company's property and undertaking.

(3) In section 185(1)(a) (effect of diligence in the winding up of a company registered in Scotland), after “subsection (6)” insert “ , (8A) to (8F) and (10) ”.

The Legal Aid (Scotland) Act 1986 (c. 47)

15

In Part 2 of Schedule 2 to the Legal Aid (Scotland) Act 1986 (proceedings in which civil legal aid is not available)—

(a) in paragraph 4, after “(asp 17)” insert “ or Part 8 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) ”; and

(b) in paragraph 5, after “(asp 17)” insert “ or Part 8 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) ”.

The Debtors (Scotland) Act 1987 (c. 18)

16

(1) The 1987 Act is amended as follows.

(2) In section 2 (effect of time to pay direction on diligence)—

(a) in subsection (1)(b), after sub-paragraph (iv) insert—

(v) a money attachment; (vi) a land attachment; (vii) a residual attachment,

(b) in subsection (2), at beginning insert “ Subject to subsection (2A) below, ”;

(2A) Where the arrestment which remains in effect as mentioned in subsection (2) above is an arrestment such as is mentioned in subsection (1) of section 73J of this Act, while the time to pay direction is in effect— (a) it shall not be competent to release funds under subsection (2) of that section; and (b) the period during which the direction is in effect shall be disregarded for the purposes of determining whether the period mentioned in subsection (3) of that section has expired. (2B) While a time to pay direction is in effect an interim attachment shall remain in effect— (a) if it has not been recalled; or (b) to the extent that it has not been restricted under subsection (3) below.

(d) in subsection (3), after “restrict” insert “ an interim attachment or ”;

(e) in subsection (4)—

(i) after “If” insert “ an interim attachment or ”; and

(ii) after “restriction of the” insert “ interim attachment or ”; and

(f) after subsection (5) insert—

(5A) Where— (a) a time to pay direction is recalled or ceases to have effect as mentioned in subsection (5) above; and (b) an arrestment such as is mentioned in section 73J(1) of this Act is in effect, the clerk of court or sheriff clerk shall intimate the fact of that recall or cessation to the arrestee.

(3) In section 3 (variation and recall of time to pay direction and arrestment)—

(a) in subsection (1)(a), after “reasonable” insert “ in all the circumstances ”;

(b) in subsection (1)(b)—

(i) after “if” insert “ an interim attachment or ”;

(ii) after “restrict the” insert “ interim attachment or ”; and

(4) In section 5 (time to pay orders)—

(a) in subsection (5), for paragraph (a) substitute—

(a) articles belonging to the debtor have been attached and notice of an auction given under section 27(4) of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) but no auction has yet taken place; (aa) money owned by the debtor has been attached and removed;

(b) for paragraph (c) and the word “or” immediately preceding it substitute—

(c) land owned by the debtor has been attached and an order under section 97(2) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (in this Part, the “2007 Act”) granting warrant for sale of the land has been made but that warrant has not yet been executed; or (d) property owned by the debtor has been attached by residual attachment and a satisfaction order under section 136(2) of the 2007 Act has been made but not yet executed,

; and

(5A) Where, in respect of a debt to which this section applies, an arrestment such as is mentioned in subsection (1) of section 73J of this Act has been executed, the sheriff may make a time to pay order in respect of that debt only if less than 8 weeks of the period mentioned in subsection (3) of that section have expired.

(5) In section 6 (application for time to pay order), in subsection (6), leave out paragraph (b) and the word “and” immediately preceding it and insert—

(b) serve on— (i) the creditor; and (ii) where an arrestment such as is mentioned in section 73J(1) of this Act is in effect, the arrestee, a copy of the interim order; and (c) serve on the creditor a copy of any order under subsection (4) above.

(6) In section 7 (disposal of application for time to pay order), in subsection (4)(a), for “and the creditor” substitute “ , the creditor and, where an arrestment such as is mentioned in section 73J(1) of this Act is in effect, the arrestee ”.

(7) In section 8 (effect of interim order on diligence)—

(a) in subsection (1)—

(i) before paragraph (a) insert—

(za) to attach in execution of the decree any articles which have been attached by interim attachment;

(ii) in paragraph (a), for “auction any articles which have been attached” substitute “ give, in relation to any articles which have been attached, notice of an auction under section 27(4) of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) ”;

(iii) after paragraph (a) insert—

(aa) to execute a money attachment;

(iv) in paragraph (c), at the beginning insert “ subject to subsection (1A) below, ”; and

(v) for paragraph (d) substitute—

(d) subject to subsection (1B) below, to register, under section 83(1)(c) of the 2007 Act, a notice of land attachment; (e) subject to subsection (1C) below, to apply, under section 130(1) of the 2007 Act, for a residual attachment order.

; and

(b) after subsection (1) insert—

(1A) Where the arrestment mentioned in subsection (1)(c) above is an arrestment such as is mentioned in subsection (1) of section 73J of this Act, while the interim order is in effect— (a) it shall not be competent to release funds under subsection (2) of that section; and (b) the period during which the order is in effect shall be disregarded for the purposes of determining whether the period mentioned in subsection (3) of that section has expired. (1B) Where, before the interim order is made— (a) a notice of land attachment is registered, it shall not be competent to take any steps other than— (i) serving, under subsection (5) of section 83 of the 2007 Act, a copy of that notice; and (ii) registering, under subsection (6) of that section, a certificate of service; or (b) a land attachment is created, it shall not be competent to make, under section 97(2) of the 2007 Act, an order granting a warrant for sale of the attached land. (1C) Where, before the interim order is made, a residual attachment order has been made, it shall not be competent— (a) to take any steps other than serving, under section 133(1) of the 2007 Act, a schedule of residual attachment; or (b) to make, under section 136(2) of the 2007 Act, a satisfaction order.

(8) In section 9 (effect of time to pay order on diligence)—

(a) in subsection (1)(b), after sub-paragraph (iv) insert—

(v) a money attachment; (vi) a land attachment; (vii) a residual attachment,

(b) in subsection (2), for paragraph (c) substitute—

(c) where a notice of land attachment has been registered under section 83(1)(c) of the 2007 Act, shall make an order prohibiting the taking of any steps other than— (i) the serving, under subsection (5) of that section, of a copy of the notice; and (ii) the registration, under subsection (6) of that section, of a certificate of service; (ca) where a residual attachment order has been made under section 132(2) of the 2007 Act, shall make an order prohibiting the taking of any steps other than the serving, under section 133(1) of the 2007 Act, of a schedule of residual attachment; (cb) may make an order recalling an interim attachment;

(2A) While a time to pay order is in effect, it shall not be competent in respect of the debt— (a) to make, under section 97(2) of the 2007 Act, an order granting warrant for sale of attached land; or (b) to make, under section 136(2) of the 2007 Act, a satisfaction order.

(d) in subsection (3)—

(i) after “If” insert “ an interim attachment, ” and

(ii) for “or the recall of” substitute “ , the recall of the interim attachment or ”;

(e) in subsection (4)—

(i) at the beginning insert “ Subject to subsection (4A) below, ”; and

(ii) for “(2)(d) or (e)” substitute “ (2)(cb), (d) or (e) ”;

(f) after subsection (4) insert—

(4A) Where, in relation to an arrestment such as is mentioned in subsection (1) of section 73J of this Act, the sheriff does not exercise the power conferred on him by subsection (2)(e) above to recall that arrestment, he shall make an order— (a) prohibiting, while the time to pay order is in effect, the release of funds under subsection (2) of section 73J of this Act; and (b) providing that the period during which the time to pay order is in effect shall be disregarded for the purposes of determining whether the period mentioned in subsection (3) of that section has expired.

(g) in subsection (6), for “(2)(d) or (e)” substitute “ (2)(cb), (d) or (e) ”;

(h) in subsection (7), after paragraph (b) insert

; and (c) where any order under subsection (4A) above is made in relation to an arrestment such as is mentioned in section 73J(1) of this Act is in effect, intimate that order to the arrestee.

; and

(i) in subsection (8)—

(i) for paragraph (a) substitute—

(a) to sell articles which have been attached (other than by virtue of section 20(1) or 22(3) of the Debt Arrangement and Attachment (Scotland) Act (asp 17);

; and

(ii) in paragraph (b), at the beginning insert “ to grant ”.

(9) In section 10 (variation and recall of time to pay order and arrestment)—

(a) in subsection (1)(a), after “reasonable” insert “ in all the circumstances ”;

(b) in subsection (1)(b), after “if” insert “ an interim attachment, ”; and

(10) In section 13 (saving of creditor's rights and remedies), in the full-out words to subsection (2), for “poinding”, in any place where it occurs, substitute “ attachment ”.

(11) In section 87(2)(a) (warrant in extract decree to authorise diligence)—

(a) after “arrestment” insert “ , a land attachment, a residual attachment, a money attachment ”; and

(b) after “executing the” insert “ land attachment, residual attachment, money attachment or ”.

(12) In section 104 (regulations), after “Regulations” insert “ and orders ”.

(13) In section 105 (application to Crown)—

(a) the existing words become subsection (1);

(b) after “1947” insert “ and subject to subsection (2) below ”; and

(2) Section 70B of this Act does not affect Her Majesty in Her private capacity as an employer.

(14) In section 106 (interpretation)—

(a) after the definition of “current maintenance”, insert—

“debt advice and information package” has the meaning given to it in section 47(4) of this Act;

(b) after the definition of “employer”, insert—

“enactment” includes an Act of the Scottish Parliament and any enactment comprised in subordinate legislation under such an Act;

; and

The Abolition of Domestic Rates etc. (Scotland) Act 1987 (c. 47)

17

(1) Schedule 2 to the Abolition of Domestic Rates etc. (Scotland) Act 1987 is amended as follows.

(2) In paragraph 7(3) (diligences which can be used to recover community charge), after paragraph (a) insert—

(aa) a money attachment;

(3) In paragraph 8(1) (sheriff officer's fees and outlays), after “attachment)” insert “ and section 196(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (expenses of money attachment) ”.

The Child Support Act 1991 (c. 48)

18

In section 38 of the Child Support Act 1991 (enforcement of liability orders by diligence)—

(a) in subsection (1)—

(i) after paragraph (a) insert—

(aa) for the Secretary of State— (i) to charge the person to pay the appropriate amount; and (ii) to execute, in respect of the person's land, a land attachment;

; and

(ii) for the words from “and”, where it fifth occurs, to the end, substitute—

(c) for an inhibition.

; and

(b) for subsection (2) substitute—

(2) In subsection (1)— (a) the “appropriate amount” means the amount in respect of which the order was made, to the extent that it remains unpaid; and (b) in paragraph (aa), “land” has the same meaning as in section 82 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3).

19

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

(a) in subsection (1) (diligences which can be used to recover unpaid contributions), after paragraph (a) insert—

(aa) a money attachment;

; and

(b) in subsection (4) (sheriff officer's fees and outlays), after “attachment)” insert “ and section 196(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (expenses of money attachment) ”.

The Local Government Finance Act 1992 (c. 14)

20

(1) Schedule 8 to the Local Government Finance Act 1992 is amended as follows.

(2) In paragraph 2(3) (diligences which can be used to recover council tax etc.), after paragraph (a) insert—

(aa) a money attachment;

(3) In paragraph 4(1) (sheriff officer's fees and outlays), after “attachment)” insert “ and section 196(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (expenses of money attachment) ”.

The Tribunals and Inquiries Act 1992 (c. 53)

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Proceeds of Crime (Scotland) Act 1995 (c. 43)

22

In section 32 of the Proceeds of Crime (Scotland) Act (inhibition of property affected by restraint order or by interdict)—

(a) in subsection (1)—

(i) for the words “Lord Advocate, the Court of Session” substitute “ prosecutor, the court ”;

(ii) in paragraph (a), for the words “Lord Advocate” substitute “ prosecutor ”; and

(iii) in paragraph (b), for the words from “have” to the end substitute “ forthwith be registered by the prosecutor in the Register of Inhibitions. ”; and

(b) in subsection (5), for the words “Lord Advocate” substitute “ prosecutor ”.

The Criminal Procedure (Scotland) Act 1995 (c. 46)

23

In section 221 of the Criminal Procedure (Scotland) Act 1995 (fines: recovery by civil diligence), in subsection (1)(a)—

(a) for “the execution of an arrestment and the attachment of articles belonging to him” insert—

(i) the execution of an arrestment; (ii) the attachment of articles belonging to him; and (iii) the execution of a money attachment,

; and

(b) after “attachment”, where it second occurs, insert “ or the money attachment ”.

The Finance Act 1997 (c. 16)

24

In section 52 of the Finance Act 1997—

(a) in subsection (2) (diligences which can be used to recover certain taxes), after paragraph (a) insert—

(aa) a money attachment;

; and

(b) in subsection (3) (sheriff officer's fees and outlays), after “attachment)” insert “ and section 196(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (expenses of money attachment) ”.

The Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Water Industry (Scotland) Act 2002 (asp 3)

26

(1) Schedule 4 to the Water Industry (Scotland) Act 2002 is amended as follows

(2) In paragraph 2(3) (diligences which can be used to recover unpaid charges), after sub-paragraph (za) insert—

(zb) a money attachment;

(3) In paragraph 4(1), at the beginning insert “ Without prejudice to section 39(1) of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) (expenses of attachment) and section 196(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (expenses of money attachment), ”.

The Scottish Public Services Ombudsman Act 2002 (asp 11)

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Freedom of Information (Scotland) Act 2002 (asp 13)

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Proceeds of Crime Act 2002 (c. 29)

29

In section 123 of the Proceeds of Crime Act (inhibition of property affected by a restraint order)—

(a) in subsection (1), for the words “Lord Advocate, the Court of Session” substitute “ prosecutor, the court ”;

(b) in subsection (3)—

(i) in paragraph (a), for the words “Lord Advocate” substitute “ prosecutor ”; and

(ii) for paragraph (b) substitute—

(b) must forthwith be registered by the prosecutor in the Register of Inhibitions

; and

The Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)

30

(1) The 2002 Act is amended as follows.

(2) In section 10(3) (competence of attachment), for paragraphs (a) and (b) substitute—

(a) the debtor has been charged to pay the debt; (b) the period for payment specified in the charge has expired without payment being made; and (c) where the debtor is an individual, the creditor has, no earlier than 12 weeks before taking any steps to execute the attachment, provided the debtor with a debt advice and information package.

(3) In section 11 (articles exempt from attachment)—

(a) in subsection (1), after paragraph (d) insert—

(e) any money.

; and

(b) after subsection (2) insert—

(3) In subsection (1)(e) above, “money” has the same meaning as in section 175 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3).

(4) After section 13 insert—

(13A) (1) The officer must, immediately after executing an attachment, complete a schedule such as is mentioned in subsection (2) below (in this section, the “attachment schedule”). (2) An attachment schedule— (a) must be in (or as nearly as may be in) the form prescribed by Act of Sederunt; and (b) must specify— (i) the articles attached; and (ii) their value, so far as ascertainable. (3) The officer must— (a) give a copy of the attachment schedule to the debtor; or (b) where it is not practicable to do so— (i) give a copy of the schedule to a person present at the place where the attachment was executed; or (ii) where there is no such person, leave a copy of it at that place. (4) An attachment is executed on the day on which the officer complies with subsection (3) above.

(5) In section 14 (procedure for attachment of articles kept outwith dwellinghouses), for “19” substitute “ 19A ”.

(6) In section 15, the title to that section becomes “ Valuation ”.

(7) In section 28(1)(b) (restriction on alteration of arrangements for auctions), for “19” substitute “ 19A ”.

(8) In section 32 (report of auction)—

(a) in subsection (2)(a), after sub-paragraph (iii) insert—

(iiia) any sums paid by the debtor to account of the sum recoverable;

; and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) In section 33 (audit of report of auction)—

(a) in subsection (7), for the words from “providing” to the end substitute—

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