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Debtors (Scotland) Act 1987

Type Public General Act

Publication 1987-05-15

Last updated 2025-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

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(11) If a cheque tendered in payment under section 60(3)(b) of this Act is dishonoured or for any other reason the method of payment used is ineffectual, the sheriff clerk may insist that the payment for which the cheque was tendered and any future payment by the employer under the conjoined arrestment order shall be tendered in cash.

Disbursement by sheriff clerk of sums received from employer

64

Sums paid to the sheriff clerk under section 60(3)(b) of this Act shall be disbursed by him to the creditors whose debts are being enforced by the conjoined arrestment order in accordance with Schedule 3 to this Act.

Operation of conjoined arrestment order

65

(1) The sheriff may make an order determining any dispute as to the operation of a conjoined arrestment order, on an application by—

(a) the debtor;

(b) a creditor whose debt is being enforced by the order;

(d) the sheriff clerk.

(2) Without prejudice to subsection (6) below, the sheriff, when making an order under subsection (1) above, may order—

(a) the reimbursement of any payment made in the operation of the conjoined arrestment order which ought not to have been made; or

(b) the payment of any sum which ought to have been paid in the operation of the conjoined arrestment order but which has not been paid.

(3) An order under subsection (2) above shall require the person against whom it is made to pay interest on the sum to be paid by him under the order at the specified rate from such date as the sheriff shall specify in the order.

(4) Where an ordinary debt is being enforced by a conjoined arrestment order, the creditor shall, as soon as is reasonably practicable after the debt recoverable has been paid or otherwise extinguished, or the debt has ceased to be enforceable by diligence, intimate that fact to the sheriff clerk.

(5) Where current maintenance is being enforced by a conjoined arrestment order, the creditor shall, as soon as is reasonably practicable after any obligation to pay such maintenance has ceased or has ceased to be enforceable by diligence, intimate that fact to the sheriff clerk.

(6) Any sum received by a creditor under a conjoined arrestment order in respect of—

(a) an ordinary debt, after the debt has been paid or otherwise extinguished or has ceased to be enforceable by diligence; or

(b) current maintenance after the obligation to pay such maintenance has ceased or has ceased to be enforceable by diligence;

shall be recoverable by the sheriff clerk from the creditor with interest on that sum at the specified rate.

(7) Without prejudice to subsection (6) above, where the creditor has failed to comply with subsection (4) or (5) above the sheriff may, on an application by the debtor, make an order requiring the creditor to pay to the debtor an amount not exceeding twice the amount recoverable by the sheriff clerk under subsection (6) above.

(8) Any amount recovered from a creditor by the sheriff clerk under subsection (6) above shall be disbursed by him to the creditors whose debts are being enforced by the conjoined arrestment order in accordance with Schedule 3 to this Act or, if there are no such creditors, shall be paid to the debtor.

Recall and variation of conjoined arrestment order

66

(1) The sheriff shall make an order recalling a conjoined arrestment order—

(a) on an application by any of the persons mentioned in subsection (2) below, if he is satisfied—

(i) that the conjoined arrestment order is invalid;

(ii) that all the ordinary debts being enforced by the order have been paid or otherwise extinguished or have ceased to be enforceable by diligence and that all the obligations to pay current maintenance being so enforced have ceased or have ceased to be enforceable by diligence; or

(iii) that the debtor’s estate has been sequestrated; or

(b) on an application for recall of the order by all the creditors whose debts are being enforced by the order.

(2) The persons referred to in subsection (1)(a) above are—

(a) the debtor;

(b) any creditor whose debt is being enforced by the order;

(c) the person on whom a copy of the order or an order varying the order was served under section 60(7) or 62(6) of this Act;

(d) the sheriff clerk;

(e) if the debtor’s estate has been sequestrated, the interim trustee appointed under section 55 of the Bankruptcy (Scotland) Act 2016 or the trustee in the sequestration.

(3) Where the sheriff recalls a conjoined arrestment order under subsection (1) above, he may make such consequential order as appears to him to be necessary in the circumstances.

(4) Where—

(a) any ordinary debt being enforced by a conjoined arrestment order is paid or otherwise extinguished or ceases to be enforceable by diligence; or

(b) current maintenance is being so enforced and—

(i) an order or decree comes into effect which varies, supersedes or recalls the maintenance order which is being enforced; or

(ii) the obligation to pay maintenance has ceased or has ceased to be enforceable in Scotland,

the sheriff, on an application by the debtor, any creditor whose debt is being enforced by the conjoined arrestment order, the employer or the sheriff clerk, may make an order varying the conjoined arrestment order appropriately.

(5) In the case of an order mentioned in paragraph (c), (e), (f) , (g)...) or (k) of the definition of “maintenance order” in section 106 of this Act, the reference in subsection (4)(b)(i) above to the coming into effect of an order shall be construed as a reference to the registration of the order in Scotland.

(6) The sheriff may vary a conjoined arrestment order to give effect to a request by a creditor whose debt is being enforced by the order that it should cease to be so enforced.

(7) The sheriff clerk shall as soon as is reasonably practicable serve a copy of any order under subsection (1), (3), (4) or (6) above on the debtor, the employer (or, where he is not the employer, the person mentioned in subsection (2)(c) above), any creditor whose debt is being enforced by the conjoined arrestment order and, if the conjoined arrestment order has been recalled on the ground of the sequestration of the debtor’s estate, the interim trustee or ... trustee in the sequestration, if known to the sheriff clerk.

(8) Subject to section 103(6) of this Act, an order under subsection (3) above shall not come into effect until a copy of the order has been served on the employer under subsection (7) above.

(9) An order under subsection (1) above shall not come into effect until a copy of the order has been served on the employer under subsection (7) above and shall not be subject to appeal.

(10) An order under subsection (4) or (6) above shall come into effect 7 days after a copy of the order has been served on the employer under subsection (7) above.

(11) In subsections (4)(b) and (5), “order” includes decision, settlement and instrument.

Supplementary provisions

Equalisation of diligences not to apply

67

Paragraph 1 of schedule 7 of the Bankruptcy (Scotland) Act 2016 (equalisation of arrestments and poindings used within 60 days before, and 4 months after, apparent insolvency) shall not apply in relation to an earnings arrestment, a current maintenance arrestment or a conjoined arrestment order.

Diversion of arrested earnings to Secretary of State

68

Restriction on liability of employer in operating diligence against earnings

69

(1) An employer operating an earnings arrestment or a current maintenance arrestment or a conjoined arrestment order shall be entitled to apply regulations made under section 49(7), 53(3) or 63(6) of this Act before receiving intimation under section 49(8), 53(4) or 63(7) of this Act of the making of the regulations.

(2) Where a pay-day occurs within a period of 7 days after the date of—

(a) service on the employer of an earnings arrestment schedule or a current maintenance arrestment schedule or a copy of a conjoined arrestment order or of a variation thereof; or

(b) intimation under section 49(8), 53(4) or 63(7) of this Act to the employer of the making of regulations,

the employer shall be entitled, but shall not be required, on that day to operate the arrestment or order or, as the case may be, to give effect to the regulations.

(3) Where, in accordance with subsection (2) above, the employer on a pay-day (referred to below as “the previous pay-day”)—

(a) does not operate an earnings arrestment, current maintenance arrestment or conjoined arrestment order; or

(b) does not give effect to regulations,

he shall not include in any sum deducted from the net earnings of the debtor on a subsequent pay-day under the arrestment or order any sum in respect of the debtor’s net earnings on the previous pay-day.

(4) No claim may be made by—

(a) the debtor or the creditor against the employer in respect of any deduction which has, or ought to have, been made by the employer from the debtor’s net earnings, or any payment which has been, or ought to have been, made by him, under an earnings arrestment or a current maintenance arrestment; or

(b) the debtor, the sheriff clerk or any creditor against the employer in respect of any such deduction or payment which has been, or ought to have been, made under a conjoined arrestment order,

more than one year after the date when the deduction or payment has, or ought to have, been made.

(5) The employer shall not be liable to the debtor for any deduction made by him from the debtor’s net earnings—

(a) under an earnings arrestment unless and until he receives intimation—

(i) from the creditor under section 57(4) of this Act that the debt recoverable has been paid or otherwise extinguished or has ceased to be enforceable by diligence;

(ii) from the sheriff clerk under section 9(7)(b) or 50(1) of this Act that an order has been made recalling the arrestment or, as the case may be, declaring that it is invalid or has ceased to have effect;

(iii) that the debtor’s estate has been sequestrated; or

(iv) from the creditor that he has abandoned the arrestment;

(b) under a current maintenance arrestment unless and until he receives intimation—

(i) from the creditor under section 57(4) of this Act that the arrestment has ceased to have effect;

(ii) from the sheriff clerk under section 55(3) of this Act that an order has been made recalling the arrestment or declaring that the arrestment is invalid or has ceased to have effect;

(iii) that the debtor’s estate has been sequestrated; or

(iv) from the creditor that he has abandoned the arrestment.

Execution and intimation of copies

70

(1) When an officer of court serves an earnings arrestment schedule or a current maintenance arrestment schedule on the employer of the debtor he shall take all reasonably practicable steps to intimate a copy of the schedule to the debtor.

(2) Failure to intimate a copy of the schedule to the debtor shall not by itself render the arrestment invalid.

(3) Service of any such schedule shall be by registered or recorded delivery letter or, if such a letter cannot be delivered, by any other competent mode of service.

(4) The certificate of execution of an earnings arrestment or a current maintenance arrestment shall be signed by the officer of court who effected the service.

(4A) An employer on whom an earnings arrestment schedule or a current maintenance arrestment schedule is served shall, as soon as is reasonably practicable—

(a) intimate a copy of it to the debtor; and

(b) notify the debtor of—

(i) the date on which the first deduction is made; and

(ii) the sum so deducted.

(4B) An employer on whom a copy of a conjoined arrestment order is served shall, as soon as is reasonably practicable, notify the debtor of the matters mentioned in sub-paragraphs (i) and (ii) of subsection (4A)(b) above.

(5) Section 17(1) of this Act shall apply to the service of an earnings arrestment schedule, a current maintenance arrestment schedule or a conjoined arrestment order as it applies to the execution of a poinding except where such service is by post.

Employer's fee for operating diligence against earnings

71

On any occasion on which an employer makes a payment to a creditor under an earnings arrestment or a current maintenance arrestment or to the sheriff clerk under a conjoined arrestment order, he may charge the debtor a fee of 50 pence or such other sum as may be prescribed in regulations made by the Lord Advocate which shall be deductible from the amount of the debtor’s net earnings after any deduction has been made from them under section 47, 51 or 60 of this Act.

Effect of sequestration on diligence against earnings

72

(1) This section shall have effect where a debtor’s estate is sequestrated.

(2) Any existing earnings arrestment, current maintenance arrestment or, subject to subsection(3) below, conjoined arrestment order or deduction from earnings order under the Child Support Act 1991 shall cease to have effect on the date of sequestration.

(3) Any sum paid by the employer to the sheriff clerk under a conjoined arrestment order on a pay-day occurring before the date of sequestration shall be disbursed by the sheriff clerk under section 64 of this Act notwithstanding that the date of disbursement is after the date of sequestration.

(3A) Any sum deducted by the employer under such a deduction from earnings order made before the date of sequestration shall be paid to the Secretary of State, notwithstanding that the date of payment will be after the date of sequestration.

(4) The execution of an earnings arrestment or the making of a conjoined arrestment order shall not be competent after the date of sequestration to enforce a debt in respect of which the creditor is entitled to make a claim in the sequestration.

(4A) A deduction from earnings order under the said Act shall not be competent after the date of sequestration to secure the payment of any amount due by the debtor under a maintenance assessment maintenance calculation within the meaning of that Act in respect of which a claim could be made in the sequestration.

(5) In this section “date of sequestration” has the same meaning as in section 22(7) of the Bankruptcy (Scotland) Act 2016.

Interpretation of Part III

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(1) In this Part of this Act—

“creditor”,in relation to maintenance, means the payee specified in the maintenance order or orders or anyone deriving title from the payee;

“current maintenance” means maintenance being deducted from earnings in accordance with section 53(1) or 63(3) or (5) of this Act;

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

“debt recoverable” has the meaning given in section 48(1) of this Act;

“decree or other document” means —a decree of the Court of Session or the sheriff or a document registered for execution in the Books of Council and Session or the sheriff court books;a summary warrant, a warrant for the civil diligence or a bill protested for non-payment by a notary public;an order or determination which by virtue of any enactment is enforceable as if it were an extract registered decree arbital bearing a warrant for execution issued by the sheriff;a civil judgment granted outside Scotland by a court, tribunal or arbiter which by virtue of any enactment or rule of law is enforceable in Scotland; ...a document or settlement which by virtue of an Order in Council made under section 13 of the Civil Jurisdiction and Judgements Act 1982 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,on which, or on an extract of which, an earnings arrestment, a current maintenance arrestment or a conjoined arrestment order is founded;

“earnings” has the meaning given in subsection (2) below;

“employer” means any person who pays earnings to a debtor under a contract of service or apprenticeship, but—in relation to any sum payable as a pension within the meaning of subsection (2)(c) below, means the person paying that sum; andwhere the employee is an officer of the Crown, means, subject to subsection (5) below, the chief officer in Scotland of the department or other body concerned,and “employee”, “employed” and “employment” shall be construed accordingly;

“net earnings” means the earnings which remain payable to the debtor after the employer has deducted any sum which he is required to deduct in respect of—income tax;primary class 1 contributions under Part I of the Social Security Act 1975;amounts deductible under any enactment, or in pursuance of a request in writing by the debtor, for the purposes of a superannuation scheme , namely any enactment, rules, deed or other instrument providing for the payment of annuities or lump sums—to the persons with respect to whom the instrument has effect on their retirement at a specified age or on becoming incapacitated at some earlier age, orto the personal representatives or the widows, relatives or dependants of such persons on their death or otherwise,whether with or without any further or other benefit;any amount deductible by virtue of a deduction from earnings order which, in terms of regulations made under section 32(4)(c) of the Child Support Act 1991, is to have priority over diligences against earnings.“ordinary debt” means any debt (including a fine or any sum due under an order of court in criminal proceedings in respect of which a warrant for civil diligence has been issued, arrears of maintenance and the expenses of current maintenance arrestments) other than current maintenance;“pay-day” means a day on which the employer of a debtor pays earnings to the debtor;“sheriff”, in relation to an application—under section 50(1) or (3), 55(1), (2) or (5) or 57(6) of this Act, means the sheriff having jurisdiction—over the place where the earnings arrestment or the current maintenance arrestment to which the application relates was executed; orif that place is unknown to the applicant, over an established place of business of the debtor’s employer;under section 59(5) or 62(4), means the sheriff having jurisdiction over the place where a creditor serves an earnings arrestment or a current maintenance arrestment schedule in relation to an arrestment which is not competent by reason of section 59 or 62 of this Act;under section 60(2), means the sheriff having jurisdiction over the place where the debtor is principally employed;where that place is outside Scotland, any other place where the debtor is employed; orwhere neither sub-paragraph (i) nor sub-paragraph (ii) above applies, the place where the debtor is domiciled.under section 60(9)(c), 62(5), 65 or 66 means the sheriff who made the conjoined arrestment order;“specified rate”, in relation to interest—included in a decree, order or extract, means the rate specified in such decree, order or extract (or deemed to be so specified by virtue of section 9 of the Sheriff Courts (Scotland) Extracts Act 1892);not included in a decree, order or extract, means the rate for the time being specified by virtue of that section.

(2) Subject to subsection (3) below, in this Part of this Act “earnings” means any sums payable to the debtor—

(a) as wages or salary;

(b) as fees, bonuses, commission or other emoluments payable under a contract of service or apprenticeship;

(c) as a pension, including a pension declared to be alimentary, an annuity in respect of past services, (whether or not the services were rendered to the person paying the annuity), and any periodical payments of compensation for the loss, abolition, relinquishment, or diminution in earnings of any office or employment; or

(d) as statutory sick pay.

(3) The following shall not be treated as earnings—

(a) a pension or allowance payable in respect of disablement or disability;

(b) any sum the assignation of which is precluded by section 356 of the Armed Forces Act 2006 unless it is a sum consisting of pay or allowance payable by his employer to him as a special member of a reserve force (within the meaning of the Reserve Forces Act 1996);

(d) any occupational pension payable under any enactment which precludes the assignation of the pension or exempts it from diligence;

(da) a tax credit (within the meaning of the Tax Credits Act 2002);

(e) a pension, allowance or benefit payable under any enactment relating to social security;

(f) a guaranteed minimum pension within the meaning of the Social Security Pensions Act 1975;

(g) a redundancy payment within the meaning of the Employment Rights Act 1996.

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

(5) Any question arising as to who is the chief officer in Scotland of a department or body referred to in paragraph (b) of the definition of “employer” in subsection (1) above shall be referred to and determined by the Minister for the Civil Service, and a document purporting to set out a determination of the Minister and signed by an official of the Minister shall be sufficient evidence of that determination.

PART IV — RECOVERY OF RATES AND TAXES ETC.

Recovery of rates and taxes etc.

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(1) The enactments mentioned in Schedule 4 to this Act shall have effect subject to the amendments specified therein.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) No person shall be imprisoned for failure to pay rates or any tax.

(4) Section 248 of the Local Government (Scotland) Act 1947 (priority of claims for rates over other claims) is hereby repealed.

(5) The following provisions of the Exchequer Court (Scotland) Act 1856 are hereby repealed—

(a) in section 28 (extracts of exchequer decrees), the words from “except that” to the end;

(b) sections 29 to 34 (special modes of diligence for the enforcement of Crown debts);

(d) section 42 (preference of Crown over other creditors).

PART V — MESSENGERS-AT-ARMS AND SHERIFF OFFICERS

Regulation of organisation, training, conduct and procedure

75

(1) The Court of Session may, by Act of Sederunt, in respect of officers of court—

(a) regulate their organisation;

(b) regulate their training and the qualifications required to obtain a commission as messenger-at-arms or sheriff officer;

(d) regulate the scope of their official functions;

(e) make provision prohibiting the undertaking by them of activities other than their official functions (referred to in this Part of this Act as “extra-official activities”) which appear to the Court to be incompatible with their official functions;

(f) make provision permitting the undertaking by them for remuneration of other extra-official activities, not appearing to the Court to be incompatible as aforesaid, and the Act of Sederunt may attach conditions to any such permission;

(fa) regulate their conduct in exercising their extra-official functions;

(g) prescribe the procedure in respect of applications for a commission as messenger-at-arms under section 77 of this Act or as sheriff officer;

(h) prescribe the procedure in disciplinary proceedings against them under section 79 of this Act, and provide for the remit of any such proceedings from the Court of Session to a sheriff principal, from one sheriff principal to another sheriff principal and from a sheriff principal to the Court of Session;

(ha) prescribe the procedure in relation to an appeal under section 82 of this Act;

(j) make provision about their accounts and finances including the keeping and auditing of those accounts;

(k) make provision for the keeping of records by them and the inspection of those records;

(l) make provision in respect of the finding of caution by them;

(m) make such other provision as may appear to the Court to be appropriate.

(2) No extra-official activity (not being an activity prohibited or regulated by an Act of Sederunt made under subsection (1)(e) or (f) above) may be undertaken by an officer of court for remuneration unless the officer of court obtains the permission of the sheriff principal from whom he holds a commission to his undertaking the activity, but the sheriff principal shall not withhold such permission unless it appears to him that the undertaking by the officer of court of the activity would be incompatible with the officer of court’s official functions.

(3) The sheriff principal may attach conditions to , or revoke, any permission granted by him under subsection (2) above.

Advisory Council

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(1) There shall be a body, (to be known as “the Advisory Council on Messengers-at-Arms and Sheriff Officers” and in this section referred to as “the Advisory Council”) whose duties shall be to advise the Court of Session on the making of Acts of Sederunt under section 75 of this Act and generally to keep under review all matters relating to officers of court.

(2) The Advisory Council shall consist of—

(a) the following persons appointed by the Lord President of the Court of Session—

(i) a judge of the Court of Session who shall act as chairman;

(ii) 2 sheriffs principal;

(iii) 2 officers of court; ...

(iv) 2 solicitors; and

(v) such other persons (not falling within sub-paragraphs (i) to (iv) above) as the Lord President considers appropriate.

(b) one person appointed by the Lord Advocate; and

(3) The secretary of the Advisory Council shall be appointed by the Secretary of State.

(4) Subject to subsections (5) and (6) below, the members of the Advisory Council appointed under paragraphs (a) and (b) of subsection (2) above shall hold office for 3 years and be eligible for reappointment.

(5) Subsection (4) above applies to members of the Advisory Council appointed under sub-paragraphs (i) to (iv) of paragraph (a) of subsection (2) above only so long as they respectively retain the offices or, as the case may be, qualification specified in those sub-paragraphs.

(6) If the Lord President or, as the case may be, the Lord Advocate is satisfied that a person appointed by him under subsection (2) above has ceased to be a fit and proper person to hold the appointment, he may terminate that person’s appointment.

(7) Where a member of the Advisory Council appointed under subsection (2)(a)(i) to (iv) or (b) above ceases to be a member (whether by resignation or otherwise) prior to the expiry of 3 years after the date of his appointment or reappointment, the vacancy shall be filled by appointment of another person holding the same office or, as the case may be, possessing the same qualification.

(8) Subject to subsection (6) above, any person appointed in pursuance of subsection (7) above to fill a vacancy shall remain a member of the Advisory Council only until the expiry of 3 years after the date of the appointment or reappointment of the member whom he succeeded, but shall be eligible for reappointment.

(9) The Advisory Council shall have power to regulate the summoning of its meetings and the procedure at such meetings; and at any such meetings 3 members shall be a quorum.

Appointment of messenger-at-arms

77

(1) The Court of Session, on an application made under this section by a sheriff officer, may find the applicant suitable to be appointed as a messenger-at-arms and recommend such appointment to the Lord Lyon King of Arms; and, on receipt of such a recommendation, the Lord Lyon King of Arms may grant the applicant a commission as a messenger-at-arms.

(2) A messenger-at-arms shall not be authorised by his commission as messenger-at-arms to execute a warrant granted by a sheriff or sheriff clerk.

(3) A messenger-at-arms shall cease to be entitled to hold a commission as messenger-at-arms if he no longer holds a commission as a sheriff officer.

(4) Any rule of law and any other enactment regulating the appointment of messengers-at-arms shall cease to have effect.

Inspection of work

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Investigation of alleged misconduct

79

(1) This section applies where—

(a) a report under section 66(3) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (in this Part “the 2007 Act”) discloses that any officer of court may have been guilty of misconduct;

(b) a report by a sheriff or a complaint by any other person is made—

(i) to the Court of Session alleging misconduct by a messenger-at-arms;

(ii) to the sheriff principal from whom a sheriff officer holds a commission alleging misconduct by the officer;...

(ba) details of a complaint about an officer of court are sent to the Lord President of the Court of Session or a sheriff principal under section 64 of the 2007 Act;

(c) any judge of the Court of Session, or a sheriff principal, has reason to believe that an officer of court may have been guilty of misconduct; or

(d) any judge of the Court of Session, or a sheriff principal—

(i) becomes aware (whether by notification under subsection (1) of section 62 of the 2007 Act or otherwise) that an event mentioned in subsection (2) of that section has occurred in respect of an officer of court; and

(ii) considers that the occurrence of that event or the circumstances surrounding it, although falling short of misconduct and not involving the commission of an offence, gives rise to concerns about the officer, the officer's exercise of official functions or the officer's undertaking of extra-official activities.

(2) Where this section applies, a judge nominated by the Lord President of the Court of Session, or the sheriff principal, after giving the officer of court an opportunity to admit or deny the misconduct or to give an explanation of the matter, may appoint a solicitor to investigate the matter unless the officer of court—

(a) admits the misconduct in writing, or

(b) gives a satisfactory explanation of the matter.

(3) Where the solicitor after carrying out an investigation in pursuance of subsection (2) above is of the opinion—

(a) that there is a probable case of misconduct and that there is evidence sufficient to justify proceedings, disciplinary proceedings shall be brought at his instance against the officer of court before the relevant court;

(b) that there is not a probable case of misconduct or that there is insufficient evidence to justify proceedings, he shall report that fact to the relevant court.

(4) The solicitor shall be entitled to a fee, and to payment of his outlays incurred, in connection with an investigation, and any disciplinary proceedings brought by him, under this section.

(5) The relevant court may award expenses in any disciplinary proceedings brought under this section in favour of or against either party to the proceedings; and for the purposes of this subsection and section 45 of the Crown Proceedings Act 1947 the party bringing the proceedings shall be deemed to be the Lord Advocate.

(6) Where expenses are awarded under subsection (5) above in favour of—

(a) the officer of court, the expenses shall be recoverable by him from the Lord Advocate;

(b) the Lord Advocate, the expenses shall be recoverable from the officer of court by the Lord Advocate.

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

(8) In this section “the relevant court” means whichever of the Court of Session or the sheriff principal made the appointment under subsection (2) above.

(9) In this section and section 80 of this Act “misconduct” includes

(a) conduct tending to bring the office of messenger-at-arms or sheriff officer into disrepute;

(b) failure to notify the Lord President of the Court of Session or the sheriff principal under subsection (1) of section 62 of the 2007 Act of the occurrence of an event mentioned in subsection (2) of that section;

(c) failure to provide information mentioned in subsection (1A) of section 63 of that Act required by virtue of regulations made under subsection (1) of that section;

(d) failure to comply with any code of practice or revised code of practice published under section 63A of that Act; and

(e) where a fee is due by virtue of rules made under subsection (1) of section 65A of that Act and a date as mentioned in subsection (2)(a) of that section has been specified by the rules, failure to pay the fee within 3 months of that date.

Courts' powers in relation to offences or misconduct

80

(1) Where the Court of Session becomes aware that a messenger-at-arms has been convicted by a court of any offence, it may make

(a) an order finding that the messenger-at-arms should be suspended from practice for such period as may be specified in the order, or deprived of office;

(b) an order mentioned in paragraph (aa) or (c) of subsection (5) below.

(2) Where the sheriff principal from whom a sheriff officer holds a commission becomes aware that the sheriff officer has been convicted by a court of any offence, the sheriff principal may make

(a) an order suspending the sheriff officer from practice for such period as may be specified in the order, or depriving him of office, in that sheriffdom;

(b) an order in relation to the sheriff officer of a kind mentioned in paragraph (aa) or (c) of subsection (5) below.

(3) Subsections (1) and (2) above are without prejudice to section 4(3)(b) of the Rehabilitation of Offenders Act 1974; and in those subsections “offence” means any offence of which the officer of court has been convicted before or after he was granted a commission as an officer of court, other than any offence disclosed in his application for such a commission.

(3A) Where—

(a) a solicitor is appointed to investigate a matter in respect of a messenger-at-arms under section 79(2) of this Act; or

(b) the Court of Session becomes aware that a messenger-at-arms has been charged with an offence,

the Court of Session may make an order finding that the messenger-at-arms should be suspended from practice for such period as may be specified in the order or in an order extending such period.

(3B) Where—

(a) a solicitor is appointed to investigate a matter in respect of a sheriff officer under section 79(2) of this Act; or

(b) the sheriff principal from whom a sheriff officer holds a commission becomes aware that the sheriff officer has been charged with an offence,

the sheriff principal may make an order suspending the officer from practice for such period as may be specified in the order or in an order extending such period in that sheriffdom.

(4) Where—

(a) a messenger-at-arms admits in writing that he is guilty of misconduct; or

(b) the Court of Session at the end of disciplinary proceedings under section 79(3)(a) of this Act is satisfied that a messenger-at-arms is guilty of misconduct,

the Court of Session may make one or more of the orders specified in subsection (5) below.

(4A) Where the Court of Session at the end of disciplinary proceedings brought under subsection (3) of section 79 of this Act is satisfied that a concern mentioned in subsection (1)(d)(ii) of that section in relation to a messenger-at-arms is founded, the Court of Session may make an order under paragraph (a) or (aa) of subsection (5) below.

(5) The orders referred to in subsection (4) above are—

(a) an order finding that the messenger-at-arms should be suspended from practice for such period as may be specified in the order, or deprived of office;

(aa) an order restricting—

(i) the functions which the messenger-at-arms may exercise; or

(ii) the activities which the messenger-at-arms may undertake,

for such period as may be specified in the order;

(b) an order imposing a fine on the messenger-at-arms not exceeding £2,500 or such sum as may be prescribed in regulations made by the Lord Advocate;

(d) if the misconduct consists of, or includes, the charging of excessive fees or outlays, an order decerning for repayment by the messenger-at-arms of the fees or outlays, to the extent that they were excessive, to the person who paid them.

(6) Where—

(a) a sheriff officer admits in writing that he is guilty of misconduct; or

(b) the sheriff principal at the end of disciplinary proceedings under section 79(3)(a) of this Act is satisfied that a sheriff officer is guilty of misconduct,

the sheriff principal may make one or more of the orders specified in subsection (7) below.

(6A) Where the sheriff principal at the end of disciplinary proceedings brought under subsection (3) of section 79 of this Act is satisfied that a concern mentioned in subsection (1)(d)(ii) of that section in relation to a sheriff officer is founded, the sheriff principal may make, in relation to the sheriff officer, an order—

(a) of a kind mentioned in paragraph (aa) of subsection (5) above; or

(b) under paragraph (a) of subsection (7) below.

(7) The orders referred to in subsection (6) above are—

(a) an order suspending the sheriff officer from practice for such period as may be specified in the order, or depriving him of office, in that sheriffdom;

(b) an order in relation to the sheriff officer of a kind mentioned in subsection (5)(aa), (b), (c) or (d) above.

(8) Where an officer of court fails to comply with an order under this section imposing a fine on him, the Court of Session or, as the case may be, the sheriff principal may make an order—

(a) decerning for payment of the fine, and an extract of any such order shall contain a warrant in the form prescribed by Act of Sederunt which shall have the same effect as an extract of a decree for payment of money pronounced by the Court of Session; or

(b) of the kind specified in subsection (5)(a) or, as the case may be, (7)(a) above.

(9) Any fine imposed under this section shall be recoverable by the Lord Advocate.

Provisions supplementary to section 80

81

(1) The Court of Session shall cause intimation to be made of any order of the Court of Session under section 80(1)(a), (3A), (4), (4A) or (8)(b) of this Act to—

(a) every sheriff principal from whom the messenger-at-arms holds a commission as a sheriff officer;

(b) the Lord Lyon King of Arms;

(2) The sheriff principal shall cause intimation to be made of any order made by him under section 80(2)(a), (3B), (6), (6A) or (8)(b) of this Act—

(a) to every other sheriff principal from whom the sheriff officer holds a commission as a sheriff officer; ...

(b) if the sheriff officer is a messenger-at-arms, to the Court of Session and the Lord Lyon King of Arms, and

(3) On intimation under this section of an order under section 80(1)(a), (2)(a), (3A), (3B) or (8)(b) of this Act or of an order under subsection (4) or (6) of that section specified respectively in subsection (5)(a) or (7)(a) thereof or of an order under subsection (4A) or (6A) of that section specified respectively in subsection (5)(a) or (7)(a) thereof—

(a) to a sheriff principal, he shall make an order suspending the sheriff officer concerned from practice until the expiry of the period for which he has been suspended by the order so intimated, or (as the case may be) depriving him of office, in the sheriffdom;

(b) to the Lord Lyon King of Arms, he shall—

(i) in the case of an order intimated under subsection (1) above, suspend the messenger-at-arms concerned from practice for the period specified in the order or (as the case may be) deprive him of office; or

(ii) in the case of an order intimated under subsection (2) above, suspend the messenger-at-arms from practice until the expiry of the period for which he has been suspended by the order so intimated or (as the case may be) deprive him of office.

(4) It shall not be competent for the Lord Lyon King of Arms to discipline a messenger-at-arms or suspend him from practice or deprive him of office except in accordance with subsection (3)(b) above.

Appeals from decisions under sections 79(5) and 80

82

...

(1) An appeal to the Inner House of the Court of Session may be made against any decision of a Lord Ordinary or a sheriff principal undersection 77(1), section 79(5) or section 80(1), (2), (3A), (3B), (4), (4A), (6), (6A) or (8)(b) of this Act

(2) The decision of the Inner House on an appeal under subsection (1) shall be final.

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

83

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

Collection of statistics from officers of court

84

(1) The Lord Advocate may require any officer of court to provide information, in such form and at such times as he may specify, regarding the officer of court’s official functions.

(2) Subject to subsection (3) below, the Lord Advocate may publish, in such form as he thinks fit, information provided under subsection (1) above.

(3) Information published under subsection (2) above shall not be in a form which identifies or enables the identification of officers of court or persons against whom diligence has been executed.

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

85

There shall cease to have effect any rule of law whereby, if an officer of court has been found liable to a creditor for negligent delay or failure to execute diligence, or for other fault in the execution of diligence, the damages payable by the officer of court are determined solely by reference to the amount of the debt.

Official identity card

86

(1) An official identity card shall be issued to every officer of court by or on behalf of the person from whom he holds his commission.

(2) When carrying out his official functions an officer of court shall exhibit his identity card on being requested to do so.

PART VI — WARRANTS FOR DILIGENCE AND CHARGES FOR PAYMENT

Effect of warrants for diligence in extract decrees and other documents

87

(1) Every extract of a decree for the payment of money, or among other things for the payment of money, which is pronounced by—

(a) the Court of Session;

(b) the High Court of Justiciary; or

shall contain a warrant in the form prescribed by Act of Sederunt or, as the case may be, by Act of Adjournal.

(2) The warrant referred to in subsection (1) above shall have the effect of authorising—

(a) in relation to an ordinary debt, the charging of the debtor to pay to the creditor within the period specified in the charge the sum specified in the extract and any interest accrued on the sum and, in the event of failure to make such payment within that period, the execution of an earnings arrestment , a land attachment, a residual attachment, a money attachment and the attachment of articles belonging to the debtor and, if necessary for the purpose of executing the land attachment, residual attachment, money attachment or attachment, the opening of shut and lockfast places;

(b) in relation to an ordinary debt, an arrestment other than an arrestment of the debtor’s earnings in the hands of his employer; and

(ba) in relation to an ordinary debt, inhibition against the debtor;

(c) if the decree consists of or includes a maintenance order, a current maintenance arrestment in accordance with Part III of this Act.

(3) In section 7(1) of the Sheriff Courts (Scotland) Extracts Act 1892 (import of the warrant for execution), for the words from “it shall” to the end there shall be substituted the following words—

the said warrant shall have the effect of authorising— (a) in relation to an ordinary debt within the meaning of the Debtors (Scotland) Act 1987, the charging of the debtor to pay to the creditor within the period specified in the charge the sum specified in the extract and any interest accrued on the sum and, in the event of failure to make such payment within that period, the execution of an earnings arrestment and the poinding of articles belonging to the debtor and, if necessary for the purpose of executing the poinding, the opening of shut and lockfast places; (b) in relation to an ordinary debt within the meaning of the Debtors (Scotland) Act 1987, an arrestment other than an arrestment of the debtor’s earnings in the hands of his employer; and (c) if the decree consists of or includes a maintenance order within the meaning of the Debtors (Scotland) Act 1987, a current maintenance arrestment in accordance with Part III of that Act.

(4) For section 3 of the Writs Execution (Scotland) Act 1877 there shall be substituted the following section—

(3) The warrant inserted in an extract of a document registered in the Books of Council and Session or in sheriff court books which contains an obligation to pay a sum of money shall have the effect of authorising— (a) in relation to an ordinary debt within the meaning of the Debtors (Scotland) Act 1987, the charging of the debtor to pay to the creditor within the period specified in the charge the sum specified in the extract and any interest accrued on the sum and, in the event of failure to make such payment within that period, the execution of an earnings arrestment and the poinding of articles belonging to the debtor and, if necessary for the purpose of executing the poinding, the opening of shut and lockfast places; (b) in relation to an ordinary debt within the meaning of the Debtors (Scotland) Act 1987, an arrestment other than an arrestment of the debtor’s earnings in the hands of his employer; and (c) if the document is a maintenance order within the meaning of the Debtors (Scotland) Act 1987, a current maintenance arrestment in accordance with Part III of that Act.

(5) An extract of a decree in an action of poinding of the ground shall contain a warrant in the form prescribed by Act of Sederunt which shall have the effect of authorising a poinding of the ground.

Warrants for diligence: special cases

88

(1) This section applies where a creditor has acquired by assignation intimated to the debtor, confirmation as executor, or otherwise a right to—

(a) a decree;

(b) an obligation contained in a document an extract of which, after the document has been registered in the Books of Council and Session or in sheriff court books, may be obtained containing warrant for execution;

(c) 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 issued by a sheriff,

either directly or through a third party from a person in whose favour the decree, order or determination was granted or who was the creditor in the obligation contained in the document.

(2) Where this section applies, the creditor who has acquired a right as mentioned in subsection (1) above may apply to the appropriate clerk for a warrant having the effect of authorising the execution at the instance of that creditor of any diligence authorised by an extract of the decree or document or by the order or determination, as the case may be.

(3) The applicant under subsection (2) above shall submit to the appropriate clerk—

(a) an extract of the decree or of the document registered as mentioned in subsection (1)(b) above or a certified copy of the order or determination; and

(b) the assignation (along with evidence of its intimation to the debtor), confirmation as executor or other document establishing the applicant’s right.

(4) The appropriate clerk shall grant the warrant applied for under subsection (2) above if he is satisfied that the applicant’s right is established.

(5) Where—

(a) a charge has already been served in pursuance of the decree, order, determination or registered document; and

(b) the applicant under subsection (2) above submits with his application the certificate of execution of the charge in addition to the documents mentioned in subsection (3) above,

a warrant granted under subsection (4) above shall authorise the execution at the instance of the applicant of diligence in pursuance of that charge.

(6) For the purposes of this section, “the appropriate clerk” shall be—

(a) in the case of a decree granted by the Court of Session or a document registered (whether before or after such acquisition) in the Books of Council and Session, a clerk of court of the Court of Session;

(b) in the case of a decree granted by the High Court of Justiciary, a clerk of Justiciary;

(c) in the case of a decree granted by a sheriff or a document registered (whether before or after such acquisition) in the books of a sheriff court, the sheriff clerk of that sheriff court;

(d) in the case of such an order or determination as is mentioned in subsection (1)(c) above, any sheriff clerk.

Abolition of letters of horning, horning and poinding, poinding, and caption

89

The granting of letters of horning, letters of horning and poinding, letters of poinding and letters of caption shall cease to be competent.

Provisions relating to charges for payment

90

(1) ... The execution of ... an earnings arrestment shall not be competent unless a charge for payment has been served on the debtor and the period for payment specified in the charge has expired without payment being made.

(1A) The following subsections of this section apply to any case where it is competent to execute diligence only if a charge for payment has been served on the debtor.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The period for payment specified in any charge for payment served in pursuance of a warrant for execution shall be 14 days if the person on whom it is served is within the United Kingdom and 28 days if he is outside the United Kingdom or his whereabouts are unknown.

(4) Any such charge shall be in the form prescribed by Act of Sederunt or Act of Adjournal.

(5) Subject to subsection (6) below, where any such charge has been served, it shall not be competent to execute diligence by virtue of that charge more than 2 years after the date of such service.

(6) A creditor may reconstitute his right to execute diligence by the service of a further charge for payment.

(7) No expenses incurred in the service of a further charge for payment within the period of 2 years after service of the first charge shall be chargeable against the debtor.

(8) Registration of certificates of execution of charges for payment in a register of hornings shall cease to be competent.

Enforcement of certain warrants and precepts of sheriff anywhere in Scotland

91

(1) The following may be executed anywhere in Scotland—

(a) a warrant for execution contained in an extract of a decree granted by a sheriff;

(b) a warrant for execution inserted in an extract of a document registered in sheriff court books;

(d) a warrant of a sheriff for arrestment on the dependence of an action or in security;

(e) a precept (issued by a sheriff clerk) of arrestment in security of a liquid debt the term of payment of which has not arrived.

(2) A warrant or precept mentioned in subsection (1) above may be executed by a sheriff officer of—

(a) the court which granted it; or

(b) the sheriff court district in which it is to be executed.

PART VII — MISCELLANEOUS AND GENERAL

General provision relating to liability for expenses in court proceedings

92

(1) Subject to subsection (2) below, a debtor shall not be liable to a creditor, nor a creditor to a debtor, for any expenses incurred by the other party in connection with an application, any objections to an application, or a hearing, under any provision of this Act.

(2) If—

(a) an application under any provision of this Act is frivolous;

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

the sheriff may award a sum of expenses, not exceeding £25 or such amount as may be prescribed in regulations made by the Lord Advocate, against the party acting frivolously in favour of the other party.

(3) Subsections (1) and (2) above do not apply to—

(a) expenses of poinding and sale for which provision is made in Schedule 1 to this Act or paragraphs 25 to 34 of Schedule 5 to this Act; or

(b) expenses incurred—

(i) under section 1 of this Act;

(ii) in connection with an appeal under any provision of this Act; or

(iii) by or against a person other than the debtor or a creditor in connection with an application under any provision of this Act.

Recovery from debtor of expenses of certain diligences

93

(1) Subject to subsections (3) and (5) below, any expenses chargeable against the debtor which are incurred in—

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

(b) the service of an earnings arrestment schedule (including the service of the charge preceding it);

shall be recoverable from the debtor by the diligence concerned but not by any other legal process, and any such expenses which have not been recovered by the time the diligence is completed or otherwise ceases to have effect shall cease to be chargeable against the debtor.

(2) Subject to subsection (5) below, any expenses chargeable against the debtor which are incurred in the service of a schedule of arrestment and in an action of furthcoming or sale shall be recoverable from the debtor out of the arrested property; and the court shall grant a decree in the action of furthcoming for payment of the balance of any expenses not so recovered.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Subsection (5) below applies where any diligence mentioned in subsection (1) or (2) above is—

(a) recalled under section 9(2)(a), (d) or (e) of this Act in relation to a time to pay order;

(b) in effect immediately before the date of sequestration (within the meaning of the Bankruptcy (Scotland) Act 2016) of the debtor’s estate;

(c) in effect immediately before the presentation of a petition for an administration order under Part II of, or the appointment of an administrator under paragraph 14 or 22 of Schedule B1 to, the Insolvency Act 1986;

(d) in effect against property of the debtor immediately before a floating charge attaches to all or part of that property under section 53(7) or 54(6) of that Act;

(e) in effect immediately before the commencement of the winding up, under Part IV or V of that Act, of the debtor;

(f) rendered unenforceable by virtue of the creditor entering into a composition contract or acceding to a trust deed for creditors or by virtue of the subsistence of a protected trust deed within the meaning of schedule 4 of the Bankruptcy (Scotland) Act 2016; or

(g) recalled by a conjoined arrestment order.

(5) Where this subsection applies—

(a) the expenses of the diligence which were chargeable against the debtor shall remain so chargeable; and

(b) if the debtor’s obligation to pay the expenses is not discharged under or by virtue of the time to pay order, sequestration, administration, receivership, winding up, composition contract, trust deed for creditors or conjoined arrestment order, those expenses shall be recoverable by further diligence in pursuance of the warrant which authorised the original diligence.

(6) The expenses incurred in the execution of a current maintenance arrestment shall be recoverable by any diligence other than a current maintenance arrestment, and shall be so recoverable in pursuance of the warrant which authorised the current maintenance arrestment.

Ascription of sums recovered by diligence or while diligence is in effect

94

(1) This section applies to any sums recovered by any of the following diligences—

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

(b) an earnings arrestment;

(d) a conjoined arrestment order in so far as it enforces an ordinary debt,

or paid to account of the sums recoverable by the diligence while the diligence is in effect.

(2) A sum to which this section applies shall be ascribed to the following in the order in which they are mentioned—

(a) the expenses already incurred in respect of—

(i) the diligence;

(ii) any previous diligence the expenses of which are chargeable against and recoverable from the debtor under section 93(5) of this Act;

(iii) the execution of a current maintenance arrestment;

(b) any interest, due under the decree or other document on which the diligence proceeds, which has accrued at the date of execution of the . . . earnings arrestment or arrestment, or in the case of an ordinary debt included in a conjoined arrestment order which has accrued at the date of application under section 60(2) or 62(5) of this Act;

(c) any sum (including any expenses) due under the decree or other document, other than any expenses or interest mentioned in paragraphs (a) and (b) above.

Certain diligences terminated by payment or tender of full amount owing

95

(1) Any of the following diligences—

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

(b) an earnings arrestment;

shall cease to have effect if the full amount recoverable thereby is paid to the creditor, an officer of court, or any other person who has authority to receive payment on behalf of the creditor, or is tendered to any of those persons and the tender is not accepted within a reasonable time.

(2) Any rule of law whereby any diligence mentioned in subsection (1) above ceases to have effect on payment or tender of the sum due under the decree or other document is hereby abolished.

Provisions to assist debtor in proceedings under Act

96

(1) No fees shall be payable by a debtor in connection with—

(a) any application by him;

(b) objections by him to an application by any other person; or

under any provision of this Act, to any officer of any office or department connected with the Court of Session or the sheriff court the expenses of which are paid wholly or partly out of the Consolidated Fund or out of money provided by Parliament.

(2) The sheriff clerk or a member of administration staff of the First-tier Tribunal for Scotland (in relation to time to pay directions made by it) shall, if requested by the debtor—

(a) provide him with information as to the procedures available to him under this Act; and

(b) without prejudice to subsection (2) of section 6 of this Act, assist him in the completion of any form required in connection with any proceedings under this Act,

but the sheriff clerk or a member of administration staff of the First-tier Tribunal for Scotland (in relation to time to pay directions made by it) shall not be liable for any error or omission when performing the duties imposed by this subsection or that subsection.

Lay representation

97

In relation to any proceedings before the sheriff under any provision of this Act, the power conferred on the Court of Session by section 32 of the Sheriff Courts (Scotland) Act 1971 (power of Court of Session to regulate civil procedure in sheriff court) shall extend to the making of rules permitting a party to such proceedings, in such circumstances as may be specified in the rules, to be represented by a person who is neither an advocate nor a solicitor.

Legal aid

98

At the end of Part II of Schedule 2 to the Legal Aid (Scotland) Act 1986 (proceedings for which civil legal aid shall not be available) there shall be added the following paragraphs—

(4) Subject to paragraph 5 below, civil legal aid shall not be available in relation to proceedings at first instance under the Debtors (Scotland) Act 1987, other than proceedings in connection with an application under section 1(1) or 3(1) of that Act to a Lord Ordinary or to the sheriff in an ordinary cause. (5) Nothing in paragraph 4 above shall preclude any third party to proceedings under the Debtors (Scotland) Act 1987 from obtaining legal aid in connection with those proceedings.

Sequestration for rent or feuduty and arrestments other than arrestments of earnings

99

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

Obligations ad factum praestandum

100

(1) An obligation ad factum praestandum which is contained in a document registered in the Books of Council and Session or in sheriff court books shall not by virtue of that registration be enforceable by imprisonment.

(2) A charge for the purpose of enforcing an obligation ad factum praestandum which is contained in an extract of a decree or of a document registered as aforesaid shall not be competent.

Adjudication for debt

101

It shall not be competent for a creditor to bring an action of adjudication for debt ... to enforce a debt payable under a liquid document of debt unless—

(a) the debt has been constituted by decree; or

(b) the debt is a debitum fundi; or

(c) the document of debt or, if the document is a bill of exchange or a promissory note, a protest of the bill or note, has been registered for execution in the Books of Council and Session or in sheriff court books.

Procedure in diligence proceeding on extract of registered document etc.

102

(1) The Court of Session may by Act of Sederunt—

(a) regulate and prescribe the procedure and practice in; and

(b) prescribe the form of any document to be used in, or for the purposes of,

diligence of a kind specified in subsection (2) below.

(2) The diligences referred to in subsection (1) above are diligences proceeding—

(a) on an extract of a document which has been registered for execution in the Books of Council and Session or in sheriff court books; or

(b) on an order or a determination which by virtue of any enactment is to be treated as if it were so registered.

Appeals

103

(1) Subject to subsection (9) below and sections . . . , 50(2), 55(4), 60(8), 62(9) and 66(9) of this Act . . . , an appeal may be made against any decision of the sheriff under this Act but only on a question of law and with the leave of the sheriff; and section 38 of the Sheriff Courts (Scotland) Act 1971 (appeal in summary causes) and section 82 of the Courts Reform (Scotland) Act 2014 (appeals from simple procedure cases) shall not apply to any appeal or any further appeal taken under this Act.

(2) Any appeal against a decision of the sheriff under subsection (1) above must be made within a period of 14 days from the date when leave to appeal against the decision was granted.

(3) An appeal may be made against any decision of the Lord Ordinary on an application under section 1(1) or 3(1) of this Act but only on a question of law and with the leave of the Lord Ordinary.

(4) Subject to subsections (6) and (7) below, any decision of the sheriff or of the Lord Ordinary under this Act shall take effect as soon as it is made and shall remain in effect unless and until it is reversed on appeal and either—

(a) the period allowed for further appeal has expired without an appeal being made; or

(b) if such a further appeal has been made, the matter has been finally determined in favour of the reversal of the sheriff’s or Lord Ordinary’s decision.

(5) No decision reversing a decision of the sheriff or Lord Ordinary under this Act shall have retrospective effect.

(6) A decision or order of the sheriff under any provision of this Act mentioned in subsection (7) below shall not take effect—

(a) until the period for leave to appeal specified in rules of court has expired without an application for leave having been made;

(b) where an application for leave to appeal is made, until leave has been refused or the application has been abandoned;

(d) where an appeal against the decision is made, until the matter has been finally determined or the appeal has been abandoned.

(7) The provisions of this Act referred to in subsection (6) above are—

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

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

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k) section 50(1) except in so far as it relates to orders declaring that an arrestment is invalid or has ceased to have effect;

(l) section 50(4);

(m) section 55(1) except in so far as it relates to orders declaring that an arrestment is invalid or has ceased to have effect;

(n) section 55(6);

(o) section 65(2);

(p) section 66(3);

(q) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) A court to which an appeal under this Act or a further appeal is made may—

(a) before it disposes of the appeal, make such interim order; and

(b) on determining the appeal, make such supplementary order,

as it thinks necessary or reasonable in the circumstances.

(9) This section does not apply to any decision of a court under Part V of this Act.

Regulations

104

(1) Regulations and orders under this Act shall be made by statutory instrument and shall, . . . , be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application to Crown

105

(1) Without prejudice to the Crown Proceedings Act 1947 and subject to subsection (2) below, this Act shall bind the Crown acting in its capacity as a creditor or employer.

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

Interpretation

106

In this Act—

“current maintenance” has the meaning given to it in section 73(1) of this Act;

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

“earnings” has the meaning given to it in section 73(2) of this Act;

“employer” has the meaning given to it in section 73(1) of this Act;

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

“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;

. . .

“maintenance” means periodical sums payable under a maintenance order;

“maintenance order” means—an order granted by a court in Scotland for payment of a periodical allowance on divorce or on dissolution of a civil partnership or on the granting of a declarator of nullity of marriage or of nullity of a civil partnership, or for aliment; ... an order under section 43 or 44 of the National Assistance Act 1948, section 23 or 24 of the Ministry of Social Security Act 1966, section 80 or 81 of the Social Work (Scotland) Act 1968, section 11(3) of the Guardianship Act 1973, section 18 or 19 of the Supplementary Benefits Act 1976, section 50 or 51 of the Child Care Act 1980 or section 24 or 25 of the Social Security Act 1986;an order of a court in England and Wales or Northern Ireland registered in Scotland under Part II of the Maintenance Orders Act 1950;a provisional order of a reciprocating country which is confirmed by a court in Scotland under Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972;an order of a reciprocating country which is registered in Scotland under that Part of that Act;an order registered in Scotland under Part II, or under an Order in Council made in pursuance of Part III, of that Act;an order registered in Scotland under section 5 of the Civil Jurisdiction and Judgments Act 1982; . . . ... an alimentary bond or agreement (including a document providing for the maintenance of one party to a marriage by the other after the marriage has been dissolved or annulled)—registered for execution in the Books of Council and Session or sheriff court books; orregistered in Scotland under an Order in Council made under section 13 of the Civil Jurisdiction and Judgments Act 1982; ...a maintenance assessment maintenance calculation within the meaning of the Child Support Act 1991 ; or a maintenance decision (within the meaning of regulation 2 of the International Recovery of Maintenance (Hague Convention 2007) (Scotland) Regulations 2012 (S.S.I. 2012/301) or maintenance arrangement (within the meaning of Article 3(e) of the Hague Convention) which is registered in the sheriff court under the Hague Convention.

“net earnings” has the meaning given to it in section 73(1) of this Act;

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

“ordinary debt” has the meaning given to it in section 73(1) of this Act;

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