LegalizeThe Diligence against Earnings (Variation) (No. 2) (Scotland) Regulations 2009
Made: 10th November 2009
Laid before the Scottish Parliament: 13th November 2009
Coming into force: 6th April 2010
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections49(7)(a), 53(3) and 63(6) of the Debtors (Scotland) Act 1987[^f00001] and all other powers enabling them to do so.
Citation and commencement
1
These Regulations may be cited as the Diligence against Earnings (Variation) (No. 2) (Scotland) Regulations 2009 and come into force on 6thApril 2010.
Rate of deductions in diligence against earnings
2
In the Debtors (Scotland) Act 1987—
- (a) in sections53(2)(b) (deductions to be made under current maintenance arrestments) and 63(4)(b) (deductions to be made under conjoined arrestment orders), for “£12”[^f00002] substitute “£13.64”; and
- (b) for TablesA, B and C of Schedule 2[^f00003] (deductions to be made under earnings arrestments), substitute respectively TablesA, B and C in the Schedule to these Regulations.
SCHEDULE
TABLE A: DEDUCTIONS FROM WEEKLY EARNINGS
| Net earnings | Deduction[^f01000] |
|---|---|
| * When applying a percentage the calculation should be done to two decimal places of a penny and the result rounded to the nearest whole penny, with an exact half penny being rounded down. | * When applying a percentage the calculation should be done to two decimal places of a penny and the result rounded to the nearest whole penny, with an exact half penny being rounded down. |
| Not exceeding £95.77 | Nil |
| Exceeding £95.77 but not exceeding £346.15 | £4 or 19% of earnings exceeding £95.77, whichever is the greater |
| Exceeding £346.15 but not exceeding £576.92 | £47.57 plus 23% of earnings exceeding £346.15 |
| Exceeding £576.92 | £100.65 plus 50% of earnings exceeding £576.92 |
TABLE B: DEDUCTIONS FROM MONTHLY EARNINGS
| Net earnings | Deduction[^f01001] |
|---|---|
| * When applying a percentage the calculation should be done to two decimal places of a penny and the result rounded to the nearest whole penny, with an exact half penny being rounded down. | * When applying a percentage the calculation should be done to two decimal places of a penny and the result rounded to the nearest whole penny, with an exact half penny being rounded down. |
| Not exceeding £415 | Nil |
| Exceeding £415 but not exceeding £1,500 | £15 or 19% of earnings exceeding £415, whichever is the greater |
| Exceeding £1,500 but not exceeding £2,500.00 | £206.15 plus 23% of earnings exceeding £1,500 |
| Exceeding £2,500 | £436.15 plus 50% of earnings exceeding £2,500 |
TABLE C: DEDUCTIONS FROM DAILY EARNINGS
| Net earnings | Deduction[^f01002] |
|---|---|
| * When applying a percentage the calculation should be done to two decimal places of a penny and the result rounded to the nearest whole penny, with an exact half penny being rounded down. | * When applying a percentage the calculation should be done to two decimal places of a penny and the result rounded to the nearest whole penny, with an exact half penny being rounded down. |
| Not exceeding £13.64 | Nil |
| Exceeding £13.64 but not exceeding £49.32 | £0.50 or 19% of earnings exceeding £13.64, whichever is the greater |
| Exceeding £49.32 but not exceeding £82.19 | £6.78 plus 23% of earnings exceeding £49.32 |
| Exceeding £82.19 | £14.34 plus 50% of earnings exceeding £82.19 |
Signed
FERGUS EWING — Authorised to sign by the Scottish Ministers — 10th November 2009
Explanatory note
(This note is not part of the Regulations)
EXPLANATORY NOTE
These Regulations make changes to certain figures relating to diligence against earnings in PartIII of the Debtors (Scotland) Act 1987 (“the Act”).
Regulation2(a) increases the figure in sections53(2)(b) and 63(4)(b) of the Act, used to determine the sum to be deducted from earnings subject to a current maintenance arrestment or conjoined arrestment order, from £12 to £13.64.
Regulation2(b) substitutes new TablesA, B and C for those in Schedule2 to the Act which describe the deductions to be made from earnings subject to an earnings arrestment.
These new figures reflect the median earnings in the Office for National Statistics’ 2008 Annual Survey of Hours and Earnings, which have increased since the figures were last amended in 2006 by the Diligence against Earnings (Variation) (Scotland) Regulations 2006. The Survey is available on the website of the Office for National Statistics website at www.statistics.gov.uk.
In accordance with sections53(4) and (5), 63(7) and (8) and 69(1) and (2) of the Act, these Regulations do not apply to existing diligences until the Regulations are intimated to employers, unless employers choose to apply them. If they do not choose to do so the figures substituted by the Diligence against Earnings (Variation) (Scotland) Regulations 2006 will continue to apply until intimation takes place.
Footnotes
[^f00001]: 1987 c.18. The functions of the Lord Advocate were transferred to the Secretary of State by the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678) and to the Scottish Ministers by section 53 of the Scotland Act 1998 (c.46).
[^f00002]: This sum was most recently substituted by S.S.I. 2006/116. S.S.I. 2009/98 made a further substitution but was revoked by S.S.I. 2009/133 before coming into force.
[^f00003]: Tables A, B and C were most recently substituted by S.S.I. 2006/116. S.S.I. 2009/98 made a further substitution but was revoked by S.S.I.2009/133 before coming into force.
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