(a) arrestment on the dependence of an action is competent only where the action contains a conclusion for payment of a sum other than by way of expenses; and

(b) inhibition on the dependence is competent only where the action contains—

(i) such a conclusion; or

(ii) a conclusion for specific implement of an obligation to convey heritable property to the creditor or to grant in the creditor's favour a real right in security, or some other right, over such property.

(3) In this Part of this Act, “action” includes, in the sheriff court—

(a) a summary cause;

(b) a simple procedure case (within the meaning of section 72(9) of the Courts Reform (Scotland) Act 2014); and

and references to “summons”, “conclusion” and to cognate expressions shall be construed accordingly.

15B

(1) Subject to subsection (2) below and to sections 15C to 15F of this Act, the Court of Session may grant warrant for diligence by—

(a) arrestment; or

(b) inhibition,

on the dependence of a petition.

(2) Warrant for—

(a) arrestment on the dependence of a petition is competent only where the petition contains a prayer for payment of a sum other than by way of expenses; and

(b) inhibition on the dependence is competent only where the petition contains—

(i) such a prayer; or

(ii) a prayer for specific implement of an obligation to convey heritable property to the creditor or to grant in the creditor's favour a real right in security, or some other right, over such property.

(3) The provisions of this Act (other than section 15A), of any other enactment and of any rule of law relating to diligence on the dependence of actions shall, in so far as is practicable and unless the contrary intention appears, apply to petitions in relation to which it is competent to grant warrant for such diligence and to the parties to them as they apply to actions and to parties to them.

15C

(1) It shall be competent for the court to grant warrant for diligence on the dependence where the sum concluded for is a future or contingent debt.

(2) In this section and in sections 15D to 15M of this Act, the “court” means the court before which the action is depending.

Application for diligence on the dependence

15D

(1) A creditor may, at any time during which an action is in dependence, apply to the court for warrant for diligence by—

(a) arrestment; or

(b) inhibition,

on the dependence of the action.

(2) An application under subsection (1) above shall—

(a) be in (or as nearly as may be in) the form prescribed by Act of Sederunt;

(b) subject to subsection (3) below, be intimated to and provide details of—

(i) the debtor; and

(ii) any other person having an interest;

(c) state whether the creditor is seeking the grant, under section 15E(1) of this Act, of warrant for diligence on the dependence in advance of a hearing on the application under section 15F of this Act; and

(d) contain such other information as the Scottish Ministers may by regulations prescribe.

(3) An application under subsection (1) above need not be intimated where the creditor is seeking the grant, under section 15E(1) of this Act, of warrant in advance of a hearing on the application under section 15F of this Act.

(4) The court, on receiving an application under subsection (1) above, shall—

(a) subject to section 15E of this Act, fix a date for a hearing on the application under section 15F of this Act; and

(b) order the creditor to intimate that date to—

(i) the debtor; and

(ii) any other person appearing to the court to have an interest.

15E

(1) The court may, if satisfied as to the matters mentioned in subsection (2) below, make an order granting warrant for diligence on the dependence without a hearing on the application under section 15F of this Act.

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

(a) that the creditor has a prima facie case on the merits of the action;

(b) that there is a real and substantial risk enforcement of any decree in the action in favour of the creditor would be defeated or prejudiced by reason of—

(i) the debtor being insolvent or verging on insolvency; or

(ii) the likelihood of the debtor removing, disposing of, burdening, concealing or otherwise dealing with all or some of the debtor's assets,

were warrant for diligence on the dependence not granted in advance of such a hearing; and

(c) that it is reasonable in all the circumstances, including the effect granting warrant may have on any person having an interest, to do so.

(3) The onus shall be on the creditor to satisfy the court that the order granting warrant should be made.

(4) Where the court makes an order granting warrant for diligence on the dependence without a hearing on the application under section 15F of this Act, the court shall—

(a) fix a date for a hearing under section 15K of this Act; and

(b) order the creditor to intimate that date to—

(i) the debtor; and

(ii) any other person appearing to the court to have an interest.

(5) Where a hearing is fixed under subsection (4)(a) above, section 15K of this Act shall apply as if an application had been made to the court for an order under that section.

(6) Where the court refuses to make an order granting a warrant without a hearing under section 15F of this Act and the creditor insists in the application, the court shall—

(a) fix a date for such a hearing on the application; and

(b) order the creditor to intimate that date to—

(i) the debtor; and

(ii) any other person appearing to the court to have an interest.

15F

(1) At the hearing on an application for warrant for diligence on the dependence, the court shall not make any order without first giving—

(a) any person to whom intimation of the date of the hearing was made; and

(b) any other person the court is satisfied has an interest,

an opportunity to be heard.

(2) The court may, if satisfied as to the matters mentioned in subsection (3) below, make an order granting warrant for diligence on the dependence.

(3) The matters referred to in subsection (2) above are—

(a) that the creditor has a prima facie case on the merits of the action;

(b) that there is a real and substantial risk enforcement of any decree in the action in favour of the creditor would be defeated or prejudiced by reason of—

(i) the debtor being insolvent or verging on insolvency; or

(ii) the likelihood of the debtor removing, disposing of, burdening, concealing or otherwise dealing with all or some of the debtor's assets,

were warrant for diligence on the dependence not granted; ...

(c) that it is reasonable in all the circumstances, including the effect granting warrant may have on any person having an interest, to do so ; and

(d) where the debtor is an individual, that the creditor has provided the debtor with a debt advice and information package.

(4) The onus shall be on the creditor to satisfy the court that the order granting warrant should be made.

(5) Where the court makes an order granting or, as the case may be, refusing warrant for diligence on the dependence, the court shall order the creditor to intimate that order to—

(a) the debtor; and

(b) any other person appearing to the court to have an interest.

(6) Where the court makes an order refusing warrant for diligence on the dependence, the court may impose such conditions (if any) as it thinks fit.

(7) Without prejudice to the generality of subsection (6) above, those conditions may require the debtor—

(a) to consign into court such sum; or

(b) to find caution or to give such other security,

as the court thinks fit.

(8) In this section and in section 15K, “debt advice and information package” means the debt advice and information package referred to in section 10(5) of the Debt Arrangement and Attachment (Scotland) Act 2002.

Execution before service

15G

(1) This section applies where diligence by—

(a) arrestment; or

(b) inhibition,

on the dependence of an action is executed before service of the summons on the debtor.

(2) Subject to subsection (3) below, if the summons is not served on the debtor before the end of the period of 21 days beginning with the day on which the diligence is executed, the diligence shall cease to have effect.

(3) The court may, on the application of the creditor, make an order extending the period referred to in subsection (2) above.

(4) In determining whether to make such an order the court shall have regard to—

(a) the efforts of the creditor to serve the summons within the period of 21 days; and

(b) any special circumstances preventing or obstructing service within that period.

Restriction on property attached

15H

(1) The court may, subject to subsection (2) below, when granting warrant for arrestment on the dependence, limit the sum which may be attached to funds not exceeding such amount as the court may specify.

(2) The maximum amount which the court may specify under subsection (1) above shall be the aggregate of—

(a) the principal sum concluded for;

(b) a sum equal to 20 per cent of that sum or such other percentage as the Scottish Ministers may, by regulations, prescribe;

(d) any sum prescribed under subsection (3) below.

(3) The Scottish Ministers may, by regulations, prescribe a sum which appears to them to be reasonable having regard to the expenses likely to be—

(a) incurred by a creditor; and

(b) chargeable against a debtor,

in executing an arrestment on the dependence.

(4) For the avoidance of doubt, section 73F of this Act applies to any sum attached under this section.

15J

Where the court grants warrant for diligence by inhibition on the dependence—

(a) in a case where the action is brought for specific implement of an obligation—

(i) to convey heritable property to the creditor;

(ii) to grant in the creditor's favour a real right in security over such property; or

(iii) to grant some other right over such property,

the court shall limit the property inhibited to that particular property; and

(b) in any other case, the court may limit the property inhibited to such property as the court may specify.

Recall etc. of diligence on the dependence.

15K

(1) This section applies where warrant is granted for diligence on the dependence.

(2) The debtor and any person having an interest may apply to the court for an order—

(a) recalling the warrant;

(b) restricting the warrant;

(i) recalling; or

(ii) restricting,

that arrestment or inhibition;

(d) determining any question relating to the validity, effect or operation of the warrant; or

(e) ancillary to any order mentioned in paragraphs (a) to (d) above.

(3) An application under subsection (2) above shall—

(a) be in (or as nearly as may be in) the form prescribed by Act of Sederunt; and

(b) be intimated to—

(i) the creditor; and

(ii) any other person having an interest.

(4) At the hearing on the application under subsection (2) above, the court shall not make any order without first giving—

(a) any person to whom intimation of the application was made; and

(b) any other person the court is satisfied has an interest,

an opportunity to be heard.

(5) Where the court is satisfied that the warrant is invalid it—

(a) shall make an order—

(i) recalling the warrant; and

(ii) if an arrestment or inhibition has been executed in pursuance of the warrant, recalling that arrestment or inhibition; and

(b) may make an order ancillary to any order mentioned in paragraph (a) above.

(5A) Where subsection (5B) applies and the court is satisfied that the creditor has not provided the debtor with a debt advice and information package it—

(a) must make an order—

(i) recalling the warrant, and

(ii) if an arrestment or inhibition has been executed in pursuance of the warrant, recalling that arrestment or inhibition, and

(b) may make an order ancillary to any order mentioned in paragraph (a).

(5B) This subsection applies where—

(a) the debtor is an individual, and

(b) the hearing is a hearing fixed under section 15E(4)(a).

(6) Where the court is satisfied that an arrestment or inhibition executed in pursuance of the warrant is incompetent, it—

(a) shall make an order recalling that arrestment or inhibition; and

(b) may make an order ancillary to any such order.

(7) Subject to subsection (8) below, where the court is satisfied that the warrant is valid but that—

(a) an arrestment or inhibition executed in pursuance of it is irregular or ineffective; or

(b) it is reasonable in all the circumstances, including the effect granting warrant may have had on any person having an interest, to do so,

the court may make any order such as is mentioned in subsection (2) above.

(8) If no longer satisfied as to the matters mentioned in subsection (9) below, the court—

(a) shall make an order such as is mentioned in subsection (5)(a) above; and

(b) may make an order such as is mentioned in subsection (5)(b) above.

(9) The matters referred to in subsection (8) above are—

(a) that the creditor has a prima facie case on the merits of the action;

(b) that there is a real and substantial risk enforcement of any decree in the action in favour of the creditor would be defeated or prejudiced by reason of—

(i) the debtor being insolvent or verging on insolvency; or

(ii) the likelihood of the debtor removing, disposing of, burdening, concealing or otherwise dealing with all or some of the debtor's assets; and

(c) that it is reasonable in all the circumstances, including the effect granting warrant may have had on any person having an interest, for the warrant or, as the case may be, any arrestment or inhibition executed in pursuance of it to continue to have effect.

(10) The onus shall be on the creditor to satisfy the court that no order under subsection (5), (5A), (6), (7) or (8) above should be made.

(11) In granting an application under subsection (2) above, the court may impose such conditions (if any) as it thinks fit.

(12) Without prejudice to the generality of subsection (11) above, the court may impose conditions which require the debtor—

(a) to consign into court such sum; or

(b) to find such caution or to give such other security,

as the court thinks fit.

(13) Where the court makes an order under this section, the court shall order the debtor to intimate that order to—

(a) the creditor; and

(b) any other person appearing to the court to have an interest.

(14) This section applies irrespective of whether warrant for diligence on the dependence is obtained, or executed, before this section comes into force.

15L

(1) Where—

(a) an order restricting warrant for diligence on the dependence is made under section 15K(7); or

(b) a condition is imposed by virtue of—

(i) section 15F(6); or

(ii) section 15K(11),

of this Act, the debtor may apply to the court for variation of the order or, as the case may be, variation or removal of the condition.

(2) An application under subsection (1) above shall—

(a) be in (or as nearly as may be in) the form prescribed by Act of Sederunt; and

(b) be intimated to—

(i) the creditor; and

(ii) any other person having an interest.

(3) At the hearing on the application under subsection (1) above, the court shall not make any order without first giving—

(a) any person to whom intimation of the application was made; and

(b) any other person the court is satisfied has an interest,

an opportunity to be heard.

(4) On an application under subsection (1) above, the court may if it thinks fit—

(a) vary the order; or

(b) vary or remove the condition.

(5) Where the court makes an order varying the order or, as the case may be, varying or removing the condition, the court shall order the debtor to intimate that order to—

(a) the creditor; and

(b) any other person appearing to the court to have an interest.

General and miscellaneous

15M

(1) Subject to subsection (3)(a) below, a creditor shall be entitled to such expenses as the creditor incurs—

(a) in obtaining warrant for diligence on the dependence; and

(b) where an arrestment or inhibition is executed in pursuance of the warrant, in so executing the arrestment or inhibition.

(2) Subject to subsection (3)(b) below, a debtor shall be entitled, where—

(a) warrant for diligence on the dependence is granted; and

(b) the court is satisfied that the creditor was acting unreasonably in applying for it,

to the expenses incurred in opposing that warrant.

(3) The court may modify or refuse—

(a) such expenses as are mentioned in subsection (1) above if it is satisfied that—

(i) the creditor was acting unreasonably in applying for the warrant; or

(ii) such modification or refusal is reasonable in all the circumstances and having regard to the outcome of the action; and

(b) such expenses as are mentioned in subsection (2) above if it is satisfied as to the matter mentioned in paragraph (a)(ii) above.

(4) Subject to subsections (1) to (3) above, the court may make such finding as it thinks fit in relation to such expenses as are mentioned in subsections (1) and (2) above.

(5) Expenses incurred as mentioned in subsection (1) and (2) above in obtaining or, as the case may be, opposing an application for warrant shall be expenses of process.

(6) Subsections (1) to (5) 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 or inhibition on the dependence of an action.

15N

This Part of this Act (other than sections 15H, 15J and 15M) shall apply, in so far as not inconsistent with the provisions of Part V of the Administration of Justice Act 1956 (c. 46) (admiralty jurisdiction and arrestment of ships), to an arrestment on the dependence of an admiralty action as it applies to any other arrestment on the dependence.

Diligence on the dependence of petition

49A

(1) This section applies where—

(a) the debtor's earnings are paid at regular intervals; and

(b) on one pay-day (in this section, the “normal pay-day”) there are paid to the debtor both—

(i) earnings normally payable on that pay-day (in this section, “normal earnings”); and

(ii) earnings such as are mentioned in subsection (2) below (in this section, “holiday pay”).

(2) Holiday pay is earnings which—

(a) are paid in respect of a period of annual leave or public holiday; and

(b) would, were they not paid in respect of such leave or holiday, have been paid on a pay-day other than the normal pay-day.

(3) In arriving at the sum to be deducted under section 47 of this Act on the normal pay-day, subsections (4) to (8) below shall apply.

(4) Calculate in accordance with section 49 of this Act the sum, if any, which would be deducted from the normal earnings if the holiday pay had not been paid on the normal pay-day.

(5) Where—

(a) the debtor's normal earnings are payable weekly, monthly or at regular intervals of a whole number of weeks or months; and

(b) all of the holiday pay relates to a whole number of weeks or months,

the sum, if any, to be deducted from the holiday pay shall be the sum arrived at by applying sub-paragraphs (i) to (iii) of section 49(1)(c) of this Act to the holiday pay as if it were the net earnings mentioned in that sub-paragraph (i).

(6) Where the debtor's normal earnings are payable weekly, monthly or at regular intervals of a whole number of weeks or months but part of the holiday pay relates to a whole number of weeks or months and part does not, the sum, if any, to be deducted from the holiday pay shall be the sum arrived at by—

(a) in relation to the part of the holiday pay which relates to a whole number of weeks or months, applying subsection (5) above to that part;

(b) in relation to the part of the holiday pay which does not relate to a whole number of weeks or months, applying paragraphs (a) to (c) of section 49(2) of this Act to that part of the holiday pay as if it were the net earnings mentioned in that paragraph (a); and

(7) Where—

(a) the debtor's normal earnings are payable weekly, monthly or at regular intervals of a whole number of weeks or months but none of the holiday relates to such a whole number of weeks or months; or

(b) the debtor's normal earnings are payable at regular intervals other than at intervals to which paragraph (a) above applies,

the sum, if any, to be deducted from the holiday pay shall be arrived at by applying paragraph (b) of subsection (6) above to the holiday pay.

(8) Aggregate—

(a) the deduction, if any, calculated under subsection (4) above; and

(b) the deduction, if any, calculated under subsection (5), (6) or, as the case may be, (7) above.

70A

(1) Where an employer receives, in relation to a debtor—

(a) an earnings arrestment schedule;

(b) a current maintenance arrestment schedule; or

the employer shall, as soon as is reasonably practicable, send to the creditor or, in the case of a conjoined arrestment order, the sheriff clerk, the information mentioned in subsection (3) below.

(2) The employer shall, provided the debt has not been extinguished, send, on or as soon as is reasonably practicable after the dates mentioned in subsection (4) below, to the creditor or, as the case may be, the sheriff clerk the information mentioned in subsection (3) below.

(3) The information referred to in subsection (1) above is—

(a) how the debtor is paid (whether weekly, monthly or otherwise);

(b) the date of the debtor's pay-day next following—

(i) where subsection (1) above applies, receipt of the schedule or order; or

(ii) where subsection (2) above applies, the date mentioned in subsection (4) below;

(d) any other information which the Scottish Ministers may, by regulations, prescribe.

(4) The dates referred to in subsection (2) above are—

(a) the later of—

(i) 6 April next following receipt of the schedule or order; or

(ii) the day falling 6 months after receiving the schedule or order; and

(b) each 6 April thereafter.

(5) Notwithstanding subsections (1) and (2) above, the employer shall, if the debtor ceases for whatever reason to be employed by the employer, give notice, as soon as is reasonably practicable, to the creditor or, as the case may be, the sheriff clerk—

(a) of that fact; and

(b) in so far as is known to the employer, the name and address of any new employer of the debtor.

(6) Where an employer sends information under subsection (1) or (2) above or gives notice under subsection (5) above, the employer shall, as soon as is reasonably practicable, send a copy of that information or notice to the debtor.

70B

(1) Where an employer fails without reasonable excuse to give notice under section 70A(5) of this Act, the sheriff may, on the application of any creditor, make an order requiring the employer—

(a) to provide such information as is known to the employer as to the debtor's employment after ceasing to be employed by that employer;

(b) to pay to the creditor an amount not exceeding twice the sum which the employer would have been required to deduct on the debtor's next pay-day had the debtor still been employed by that employer.

(2) Where a sum is paid by virtue of an order under subsection (1)(b) above—

(a) the debt owed by the debtor to the creditor shall be reduced by that sum; and

(b) the employer shall not be entitled to recover that sum from the debtor.

(3) An employer aggrieved by an order under subsection (1) above may, before the expiry of the period of 14 days beginning with the day on which the order is made, appeal, on point of law only, to the sheriff principal, whose decision shall be final.

70C

(1) A creditor who is receiving payment from a debtor by virtue of—

(a) an earnings arrestment;

(b) a current maintenance arrestment; or

shall, provided the debt has not been extinguished, send, on or as soon as is reasonably practicable after the dates mentioned in subsection (2) below, to the employer or, in the case of a conjoined arrestment order, the sheriff clerk the information mentioned in subsection (3) below.

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

(a) the later of—

(i) 6 April next following service of the schedule of arrestment or, as the case may be, order; or

(ii) the day falling 6 months after the service of the schedule or order; and

(b) each 6 April thereafter.

(3) The information referred to in subsection (1) above is—

(a) the sum owed by the debtor to the creditor;

(b) the amounts received by the creditor by virtue of the arrestment or order; and

70D

Where a debtor ceases to be employed by an employer who is deducting sums under this Part of this Act, the debtor shall give notice to the creditor or, where those sums are being deducted by virtue of a conjoined arrestment order, the sheriff clerk—

(a) of that fact; and

(b) of the name and address of any new employer.

Part 3A — Arrestment and action of furthcoming

73A

(1) Arrestment and action of furthcoming or sale shall be competent only in execution of—

(a) subject to subsection (2) below, a decree; or

(b) a document of debt.

(2) Arrestment and action of furthcoming or sale in execution of a summary warrant shall be competent only if—

(a) the debtor has been charged to pay the debt due by virtue of the summary warrant; and

(b) the period for payment specified in the charge has expired without payment being made.

(3) Any rule of law, having effect immediately before the coming into force of this section, as to the decrees or documents on which arrestment and action of furthcoming or sale can proceed shall, in so far as inconsistent with this section, cease to have effect.

(4) In this Part 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 judgment 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 issued by the sheriff;a warrant granted, in criminal proceedings, for enforcement by civil diligence; ora liability order within the meaning of section 33(2) of the Child Support Act 1991 (c. 48),being a decree, warrant, judgment, order or determination which, or an extract of which, authorises arrestment and action of furthcoming or sale; and

“document of debt” means—a document registered for execution in the Books of Council and Session or the sheriff court books; ...a document or settlement which by virtue of an Order in Council 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, being a document, settlement, instrument or arrangement which, or an extract of which, authorises arrestment and action of furthcoming or sale.

(5) The Scottish Ministers may, by order, modify the definitions of “decree” and “document of debt” in subsection (4) above so as to—

(a) add or remove types of decree or document to or, as the case may be, from those referred to in that provision; or

(b) vary any of the descriptions of the types of decree or document there referred to.

73B

(1) This section applies where a creditor arrests in execution of —

(a) a decree and the creditor has not executed an arrestment on the dependence of the action; or

(b) a document of debt.

(2) The schedule of arrestment used in executing the arrestment shall be in (or as nearly as may be in) the form prescribed by the Scottish Ministers by regulations.

73C

(1) This section applies where a creditor obtains a decree (in this Part of this Act referred to as a “final decree”) in an action on the dependence of which the creditor has executed an arrestment.

(2) The creditor shall, as soon as reasonably practicable, serve a copy of that final decree, in (or as nearly as may be in) the form prescribed by Act of Sederunt, on the arrestee.

73D

(1) This section applies where—

(a) a creditor—

(i) obtains a final decree in an action on the dependence of which the creditor has executed an arrestment; or

(ii) arrests in execution of a decree or document of debt; and

(b) the debtor is an individual.

(2) The creditor shall, during the period of 48 hours beginning with the time at which the copy of the final decree is served under section 73C(2) of this Act or, as the case may be, the time at which the schedule of arrestment is served, provide the debtor with a debt advice and information package.

(3) Where the creditor fails to comply with subsection (2) above, the arrestment shall cease to have effect or, as the case may be, shall be incompetent.

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

73E

(1) Subsections (2) to (5) below apply—

(a) where a creditor arrests in execution of —

(i) a decree and the creditor has not executed an arrestment on the dependence of the action; or

(ii) a document of debt; and

(b) only to the extent that the arrestee holds funds due to the debtor the value of which, at the time the arrestment is executed, is or can be ascertained (whether or not that arrestee also holds other moveable property of the debtor).

(2) Subject to subsection (4) below and to section 73F of this Act, the funds mentioned in subsection (1)(b) above attached by the arrestment shall be the lesser of—

(a) the sum due by the arrestee to the debtor; or

(b) the aggregate of—

(i) the principal sum, in relation to which the decree or document is executed, owed by the debtor to the creditor;

(ii) any judicial expenses chargeable against the debtor by virtue of the decree;

(iii) the expenses of executing the arrestment;

(iv) interest on the principal sum up to and including the date of service of the schedule of arrestment;

(v) the interest on the principal sum which would be accrued in the period of 1 year beginning with the day after the date mentioned in sub-paragraph (iv) above;

(vi) any interest on the expenses of executing the arrestment which is chargeable against the debtor; and

(vii) any sum prescribed under subsection (3) below.

(3) The Scottish Ministers may, by regulations, prescribe a sum which appears to them to be reasonable having regard to the average expenses likely to be incurred and chargeable against a debtor in a typical action of furthcoming.

(4) Where—

(a) the arrestee holds both funds due to and other moveable property of the debtor; and

(b) the sum mentioned in paragraph (b) of subsection (2) above exceeds the sum mentioned in paragraph (a) of that subsection,

the arrestment shall, in addition to the funds equal to the sum mentioned in that paragraph (a), attach the whole moveable property so held.

(5) Except as provided for in subsection (4) above, an arrestment to which this section applies shall not attach any moveable property of the debtor other than the sum attached under subsection (2) above.

(6) Where, in a case to which subsections (2) to (5) above apply—

(a) in addition to the funds mentioned in subsection (1)(b) above, the arrestee holds funds due to the debtor the value of which is not or cannot be ascertained; and

(b) the sum mentioned in paragraph (a) of subsection (2) above exceeds the sum mentioned in paragraph (b) of that subsection,

the arrestment shall not attach any of the funds mentioned in paragraph (a) above.

73F

(1) Subject to subsection (2) below, this section applies where—

(a) a creditor arrests—

(i) in pursuance of a warrant granted for diligence on the dependence of an action; or

(ii) in execution of a decree or document of debt;

(b) the arrestment attaches funds standing to the credit of a debtor in an account held by a bank or other financial institution; and

(2) This section does not apply where the account is—

(a) held in the name of a company, a limited liability partnership, a partnership or an unincorporated association; or

(b) operated by the debtor as a trading account.

(3) The arrestment shall—

(a) in a case where the sum standing to the credit of the debtor exceeds the sum of £1,000, attach only the balance above that sum; and

(b) in any other case, attach no funds.

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

(5) In subsection (1) above, “bank or other financial institution” means—

(a) the Bank of England;

(b) a person who has permission under Part 4A of the Financial Services and Markets Act 2000 (c. 8) to accept deposits;

(c) an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act which has permission under paragraph 15 of that schedule (as a result of qualifying for authorisation under paragraph 12 of that schedule) to accept deposits; or

(d) a person who is exempt from the general prohibition in respect of accepting deposits as a result of an exemption order made under section 38(1) of that Act,

and the expressions in this definition shall be read with section 22 of that Act, any relevant order made under that section and Schedule 2 to that Act.

(6) The Scottish Ministers may, by regulations—

(a) modify subsection (2) above so as to—

(i) add or remove types of account to or, as the case may be, from those referred to in that paragraph; or

(ii) vary any of the descriptions of the types of account there referred to; ...

(aa) vary the protected minimum sum mentioned in subsection (3)(a), and

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