Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988

• (d) complete a certificate of intimation.

• (4) Where such an application has been made by all of the creditors whose debts are being enforced by the conjoined arrestment order or where the sheriff clerk has previously received intimation from all of those creditors as to the matters referred to in section 66(1)(a)(ii) of the Act, the sheriff may grant the application without requiring intimation or any hearing of the application.

Recall of conjoined arrestment orders under section 66(1)(b) of the Act

62

• (1) An application under section 66(1)(b) of the Act by all creditors whose debts are being enforced for recall of a conjoined arrestment order shall be in form 57.

• (2) An application to which paragraph (1) of this rule applies shall specify—

• (a) the names and addresses of the applicants and the debtors; and

• (b) the date of the conjoined arrestment order and the court which made the order;

• (c) the reasons for the application; and

• (d) any consequential order sought.

• (3) On the lodging of such an application the sheriff may grant it immediately or may make such other order as he considers appropriate.

Applications for variation of conjoined arrestment orders

63

• (1) An application under section 66(4) of the Act[^f00009] for variation of a conjoined arrestment order shall be in form 58.

• (2) An application to which paragraph (1) of this rule applies shall specify—

• (a) the name and address of the debtor, the employer, the creditors whose debts are being enforced by the conjoined arrestment order and the sheriff clerk;

• (b) the date of the conjoined arrestment order and the court which made the order;

• (c) if appropriate, that any ordinary debt being enforced by the order has been paid, otherwise extinguished or has ceased to be enforceable by diligence and in each case when and how this occurred;

• (d) if appropriate, that an order or decree varying, superseding or recalling any maintenance order has come into effect and when and by whom the order or decree was granted;

• (e) if appropriate, that an obligation to pay maintenance has ceased or has ceased to be enforceable in Scotland and in either case when or how this occurred;

• (f) the order sought; and

• (g) any competent crave for expenses.

• (3) On the lodging of such an application the sheriff clerk shall—

• (a) fix a date for a hearing;

• (b) obtain from the sheriff a warrant for intimation;

• (c) intimate the application and warrant to the applicant and, as appropriate, to the debtor, the creditors whose debts are being enforced by the conjoined arrestment order and the employer; and

• (d) complete a certificate of intimation.

Requests by creditors to cease enforcement of debts by conjoined arrestment orders

64

• (1) A request by a creditor to the sheriff under section 66(6) of the Act to vary a conjoined arrestment order, by ordering that a debt being enforced by him under it shall cease to be so enforced, shall be in writing.

• (2) The sheriff may grant or refuse such a request or may make such order as he considers appropriate.

Service of sheriff’s decision in applications for recall or variation of conjoined arrestment orders

65

• (1) Subject to the following paragraphs of this rule, the final order of the sheriff in an application to which rule 61, 62, 63 or 64 applies shall be served upon the applicant, the employer, the debtor and the creditors whose debts are being enforced under the conjoined arrestment order by recorded delivery post.

• (2) Where such service has been unsuccessful, reservice—

• (a) in the case of service on the employer, shall be effected by an officer of court on payment of his fee by the applicant; and

• (b) in any other case of service on a person within the United Kingdom, shall be by ordinary first class post.

• (3) Where an application for variation of a conjoined arrestment order to which rule 63 above applies has been granted, there shall be served by the sheriff clerk with the final order—

• (a) a copy of the conjoined arrestment order as varied; and

• (b) a notice in form 59.

• (4) Service under this rule on a person outwith the United Kingdom which cannot be effected by recorded delivery post shall be by any other competent method of service.

Service by post of arrestments against earnings

66

On the face of the envelope used for service of an earnings arrestment schedule, a current maintenance arrestment schedule or a conjoined arrestment order there shall be written or printed the following notice—

This letter contains an earnings arrestment schedule/current maintenance arrestment schedule/conjoined arrestment order. If delivery of the letter cannot be made at the address shown it is to be returned immediately to (name and address).

Certificates of execution

67

The certificate of execution of an earnings arrestment or a current maintenance arrestment shall be in form 60.

PART V — WARRANTS FOR DILIGENCE

Summary warrants

68

• (1) A summary warrant for recovery of—

• (a) arrears of rates under section 247 of the Local Government (Scotland) Act 1947[^f00010]; or

• (b) arrears of community charge under paragraph 7 of Schedule 2 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987[^f00011],

shall be in form 61.

• (2) A summary warrant for recovery of arrears of rates under section 250 of the Local Government (Scotland) Act 1947 shall be in form 62.

• (3) A summary warrant for recovery of—

• (a) any tax in accordance with section 63 of the Taxes Management Act 1970[^f00012] or of earnings-related contributions under that section as read with regulation 28 of the Income Tax (Employments) Regulations 1973[^f00013];

• (b) car tax in accordance with paragraph 3(3) of Schedule 1 to the Car Tax Act 1983[^f00014]; or

• (c) value added tax in accordance with the Value Added Tax Act 1983[^f00015],

shall be in form 63.

Applications by creditors for warrants to enforce acquired rights

69

• (1) An application to the sheriff clerk under section 88(2) of the Act by a person, who has acquired a right by assignation, confirmation as executor or otherwise to a decree, obligation, order or determination referred to in section 88(1) of the Act for a warrant authorising diligence, shall be made by minute endorsed on the extract decree or other document.

• (2) The sheriff clerk shall, where he is satisfied that the applicant’s right is established, endorse the warrant sought in such an application on the extract decree or other document.

PART VI — MISCELLANEOUS

Representation

70

A party to any proceedings under the Act shall be entitled to be represented by a person other than an advocate or a solicitor if the sheriff is satisfied that such person is a suitable representative and is duly authorised to represent the party.

Powers of sheriff

71

Without prejudice to any other powers competent to him, the sheriff, in the exercise of the powers conferred on him by these rules, shall have the same powers as regards the summoning and examination of witnesses, the production of documents, the administration of oaths and the correcting of interlocutors as those which he has in an ordinary cause to which the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907[^f00016] apply.

Appeals

72

• (1) An application for leave to appeal from a decision of the sheriff under the Act shall be made in writing to the sheriff clerk within 7 days of the making of the decision and shall specify the question of law upon which the appeal is to proceed.

• (2) The sheriff may consider such an application without hearing parties unless it appears to him to be necessary to hold a hearing on the application in which case the sheriff clerk shall intimate the date, place and time of the hearing to the parties.

• (3) Subject to section 103(2) of the Act, an appeal shall—

• (a) be made by note of appeal written by the appellant on the written record containing the order appealed against or on a separate sheet lodged with the sheriff clerk;

• (b) be as nearly as may be in the following terms—

The applicant [or respondentor other] appeals to the sheriff principal/Court of Session

• (c) be signed by the appellant or his representative and bear the date on which it is signed; and

• (d) where appeal is made to the Court of Session, bear the name and address of the solicitors in Edinburgh who will be acting for the appellant.

• (4) The appellant shall, at the same time as marking his appeal under paragraph (3) of this rule, intimate that he is doing so to the other parties.

• (5) The sheriff shall, on an appeal being marked under paragraph (3) of this rule, state in writing the reasons for his original decision.

• (6) Where an appeal is marked, the sheriff clerk shall transmit the process within 4 days to the sheriff principal or to the Deputy Principal Clerk of Session, as the case may be.

Intimation

73

• (1) A warrant for intimation referred to in these rules shall be in form 64.

• (2) The sheriff may order intimation to persons other than those to whom intimation is required under these rules as he considers appropriate.

Hearings

74

At any hearing (other than the hearing of an appeal) fixed under these rules the cause to be dealt with may be—

• (a) determined;

• (b) continued for such further procedure as the sheriff considers appropriate; or

• (c) if no party appears, dismissed.

Dispensing power of sheriff

75

The sheriff may relieve any party from the consequences of any failure to comply with the provisions of these rules which is shown to be due to mistake, oversight or other cause, not being wilful non-observance of the same, on such terms and conditions as seem just; and in any such case the sheriff may make such order as seems just by way of extension of time, lodging or amendment of papers or otherwise so as to enable the cause to proceed as if such failure had not happened.

SCHEDULE — FORMS

ARRANGEMENT OF FORMS — EXTENSION OF TIME TO PAY AND RELATED MATTERS

Form No.	Title	Rule
1	Application for variation or recall of a time to pay direction and arrestment	4(1)
2	Application for time to pay order	5(1)
3	Application for variation or recall of a time to pay order, arrestment and poinding	6(1)
POINDINGS AND WARRANT SALES	POINDINGS AND WARRANT SALES	POINDINGS AND WARRANT SALES
4	Application for release of poinded article	8(1)
5	Poinding schedule	11
6	Application for security of poinded article	12(1)
7	Application for immediate disposal of perishable poinded article	13(1)
8	Receipt under s.21(5) of, and para 6(5) of Schedule 5 to the Debtors (Scotland) Act 1987	14
9	Report of poinding	15(1)
10	Application for release of poinded article on ground of undue harshness	16(1)
11	Application for declarator that poinding invalid or ceased to have effect or for recall of poinding	17(1)
12	Application for sist of proceedings in poinding of mobile home	18(1)
13	Application for extension of duration of poinding	19(1)
14	Application for authority to move poinded article	20(1)
15	Application for an order for restoration of removed article	21(1)
16	Application for recall of an order for restoration of removed article	22(1)
17	Application for authority to execute further poinding	23(1)(b)
18	Application for authority to execute further poinding and/or to revalue damaged article	24(1)
19	Application for an order for consignation by third party	25(1)
20	Application for warrant of sale of poinded article	26(1)
21	Note to debtor of application for warrant of sale	26(5)
22	Consent under section 32(1) and 32(4) of, and paragraph 14(2) and (3) of Schedule 5 to, the Debtors (Scotland) Act 1987	27(1)
23	Receipt under section 33(3) of, and paragraph 15(3) of the Schedule 5 to, the Debtors (Scotland) Act 1987	28
24	Application for variation of a warrant of sale of poinded article	30(1)
25	Notice to debtor of application for variation of a warrant of sale	30(5)
26	Report of sale	31(1)
27	Application for release of poinded article belonging to third party	34(1)
28	Application for release of poinded article in common ownership	35(1)
29	Application for finding of common ownership of poinded article	36(1)
DILIGENCE AGAINST EARNINGS	DILIGENCE AGAINST EARNINGS	DILIGENCE AGAINST EARNINGS
30	Earnings arrestment schedule	38(1)
31	Intimation to employer under section 49(8) of the Debtors (Scotland) Act 1987	39(1)
32	Application for declarator that earnings arrestment invalid or ceased to have effect	40(1)
33	Application for determination of dispute in operation of earnings arrestment	41(1)
34	Current maintenance arrestment schedule	42(1)
35	Intimation to employer under section 53(4) of the Debtors (Scotland) Act 1987	43(1)
36	Intimation to employer under section 53(5) of the Debtors (Scotland) Act 1987	44(1)
37	Intimation to debtor under section 54(1)(a) of the Debtors (Scotland) Act 1987	45(1)
38	Application for declarator that current maintenance arrestment invalid ceased to have effect	46(1)
39	Application for recall of a current maintenance arrestment	47(1)
40	Application for determination of dispute in operation of current maintenance arrestment	48(1)
41	Application for payment by creditor to debtor of penalty sum	51(1)
42	Application for order on employer to provide information	52(1)
43	Application for conjoined arrestment order	53(1)
44	Form of notice of application for a conjoined arrestment order	53(4)
45	Conjoined arrestment order	54(1)
46	Notice of service of conjoined arrestment order	54(5)
47	Application for warrant for diligence against employer	55(1)
48	Application for order on employer to provide information	56(1)
49	Application for variation of a conjoined arrestment order	57(1)
50	Form of notice of application for variation of a conjoined arrestment order	57(3)(a)
51	Notice of service of an order varying a conjoined arrestment order in terms of section 62(5) of the Debtors (Scotland) Act 1987	57(7)(b)
52	Intimation to employer in terms of section 63(7) of the Debtors (Scotland) Act 1987	58(1)(a)
53	Intimation to employer in terms of section 63(8) of the Debtors (Scotland) Act 1987	58(1)(b)
54	Application for determination of dispute in operation of conjoined arrestment order	59(1)
55	Application for payment by creditor to debtor of penalty sum (conjoined arrestment order)	60(1)
56	Application for recall of conjoined arrestment order	61(1)
57	Application for recall of conjoined arrestment order by all creditors whose debts are being enforced by it	62(1)
58	Application for variation of conjoined arrestment order	63(1)
59	Notice of service of an order varying a conjoined arrestment order in terms of section 66 of the Debtors (Scotland) Act 1987	65(3)(b)
60	Certificate of execution of earnings arrestment schedule/current maintenance arrestment schedule	67
WARRANTS FOR DILIGENCE	WARRANTS FOR DILIGENCE	WARRANTS FOR DILIGENCE
61	Summary warrant for recovery of rates or community charge	68(1)
62	Summary warrant for recovery of rates	68(2)
63	Summary warrant for recovery of taxes etc.	68(3)
MISCELLANEOUS	MISCELLANEOUS	MISCELLANEOUS
64	Warrant for intimation	73(1)

FORM 1

The Debtors (Scotland) Act 1987, Section 3

Rule 4(1)

FORM 2

The Debtors (Scotland) Act 1987

Rule 5(1)

FORM 3

The Debtors (Scotland) Act 1987, Section 10

Rule 6(1)

FORM 4

The Debtors (Scotland) Act 1987, Section 16(4)/Schedule 5, Paragraph 1(4)

Rule 8(1)

FORM 5

The Debtors (Scotland) Act 1987, Section 2O (5)/Schedule 5 Paragraph 5(5)*

Rule 11

FORM 6

The Debtors (Scotland) Act 1987, Section 21(1)(a)/Schedule 5 Paragraph 6(1)(a)

Rule 12(1)

FORM 7

The Debtors (Scotland) Act 1987, Section 21(1)(b)/Schedule 5 Paragraph 6(1)(b)

Rule 12(1)

FORM 8

Receipt under the Debtors (Scotland) Act 1987, Section 21(5)/Schedule 5 Paragraph 6(5)

Rule 14

FORM 9

The Debtors (Scotland) Act 1987, Section 22(1)

Rule 15(1)

FORM 10

The Debtors (Scotland) Act 1987, Section 23(1)/Schedule 5 Paragraph 7(1)

Rule 16(1)

FORM 11

The Debtors (Scotland) Act 1987, Section 24/Schedule 5 Paragraph 8

Rule 17(1)

FORM 12

The Debtors (Scotland) Act 1987, Section 26(1)/Schedule 5 Paragraph 10(1)

Rule 18(1)

FORM 13

The Debtors (Scotland) Act 1987, Section 27/Schedule 5 Paragraph 11

Rule 19(1)

FORM 14

The Debtors (Scotland) Act 1987, Section 28(1)(b)/Schedule 5 Paragraph 12(1)(b)

Rule 20(1)

FORM 15

The Debtors (Scotland) Act 1987, Section 28(4)(a)/Schedule 5 Paragraph 12(4)(a)

Rule 21(1)

FORM 16

The Debtors (Scotland) Act 1987 Section 28(5)(b)+(c)/Schedule 5 Paragraph 12(5)(b)+(c)

Rule 22(1)

FORM 17

The Debtors (Scotland) Act 1987, Section 28(6)/Schedule 5 Paragraph 12(6)

Rule 23(1)(b)

FORM 18

The Debtors (Scotland) Act 1987, Section 29(2)/Schedule 5 Paragraph 13(2)

Rule 24(1)

FORM 19

The Debtors (Scotland) Act 1987, Section 29(3)/Schedule 5 Paragraph 13(3)

Rule 25(1)

FORM 20

The Debtors (Scotland) Act 1987, Section 30

Rule 26(1)

FORM 21

The Debtors (Scotland) Act 1987, Section 30

Rule 26(5)

FORM 22

The Debtors (Scotland) Act 1987 consent under Section 32(1)/32(4)/Schedule 5 Paragraph 14(2)/14(3)

Rule 27(1)

FORM 23

Receipt under the Debtors (Scotland) Act 1987, Section 33(3)/Schedule 5, Paragraph 15(3)

Rule 28

FORM 24

The Debtors (Scotland) Act 1987, Section 35(1) or 36(3)(b)

Rule 39(1)

FORM 25

The Debtors (Scotland) Act 1987, Section 35.

Rule 30(5)

FORM 26

The Debtors (Scotland) Act 1987, Section 39(1)/Schedule 5 Paragraph 20(1)

Rule 31(1)

FORM 27

The Debtors (Scotland) Act 1987, Section, 40(2)/Schedule 5 Paragraph 21(2)

Rule 34(1)

FORM 28

The Debtors (Scotland) Act 1987, Section 41(3)/Schedule 5 Paragraph 22(3)

Rule 35(1)

FORM 29

The Debtors (Scotland) Act 1987, Section 41(7)(b)/Schedule 5 Paragraph 22(6)(b)

Rule 36(1)

FORM 30

The Debtors (Scotland) Act 1987, Section 47

Rule 38(1)

FORM 31

The Debtors (Scotland) Act 1987

Rule 39(1)

FORM 32

The Debtors (Scotland) Act 1987, Section 50(1)

Rule 40(1)

FORM 33

The Debtors (Scotland) Act 1987, Section 50(3)

Rule 41(1)

FORM 34

The Debtors (Scotland) Act 1987, Section 51

Rule 42(1)

FORM 35

The Debtors (Scotland) Act 1987

Rule 43(1)

FORM 36

The Debtors (Scotland) Act 1987

Rule 44(1)

FORM 37

The Debtors (Scotland) Act 1987

Rule 45(1)

FORM 38

The Debtors (Scotland) Act 1987, Section 55(1)

Rule 46(1)

FORM 39

The Debtors (Scotland) Act 1987, Section 55(2)

Rule 47(1)

FORM 40

The Debtors (Scotland) Act 1987, Section 55(5)

Rule 48(1)

FORM 41

The Debtors (Scotland) Act 1987, Section 57(6)

Rule 51(1)

FORM 42

The Debtors (Scotland) Act 1987, Section 59(5)

Rule 52(1)

FORM 43

The Debtors (Scotland) Act 1987, Section 60(2)

Rule 53(1)

FORM 44

The Debtors (Scotland) Act 1987

Rule 53(4)

FORM 45

Rule 54(1)

FORM 46

Rule 54(5)

FORM 47

The Debtors (Scotland) Act 1987, Section 60(9)(c)

Rule 55(1)

FORM 48

The Debtors (Scotland) Act 1987, Section 62(4)

Rule 56(1)

FORM 49

The Debtors (Scotland) Act 1987, Section 62(5)

Rule 57(1)

FORM 50

The Debtors (Scotland) Act 1987

Rule 57(3)(a)

FORM 51

Rule 57(7)(b)

FORM 52

The Debtors (Scotland) Act 1987

Rule 58(1)(a)

FORM 53

The Debtors (Scotland) Act 1987

Rule 58(1)(b)

FORM 54

The Debtors (Scotland) Act 1987, Section 65(1)

Rule 59(1)

FORM 55

The Debtors (Scotland) Act 1987, Section 65(7)

Rule 60(1)

FORM 56

The Debtors (Scotland) Act 1987, Section 66(1)(a)

Rule 61(1)

FORM 57

The Debtors (Scotland) Act 1987, Section 66(1)(b)

Rule 62(1)

FORM 58

The Debtors (Scotland) Act 1987, Section 66(4)

Rule 63(1)

FORM 59

Rule 65(3)(b)

FORM 60

Certificate of execution of earnings arrestment schedule/current maintenance arrestment schedule

Rule 67

FORM 61

SUMMARY WARRANT FOR THE RECOVERY OF

Rule 68(1)

FORM 62

SUMMARY WARRANT FOR THE RECOVERY OF

Rule 68(2)

FORM 63

SUMMARY WARRANT FOR THE RECOVERY OF

Rule 68(3)

FORM 64

WARRANT FOR INTIMATION

Rule 73(1)

Signed

Emslie — Lord President, IPD — 16th November 1988

Explanatory note

(This note is not part of the Act of Sederunt)

This Act of Sederunt makes provision for procedures in the sheriff court under the Debtors (Scotland) Act 1987 for:—

• (a) applications relating to time to pay directions;

• (b) applications for time to pay orders and orders relating thereto;

• (c) poindings and warrant sales and orders relating thereto; and

• (d) earnings arrestments, current maintenance and conjoined arrestment orders and orders relating thereto.

Footnotes

[^f00001]: 1971 c. 58

[^f00002]: 1987 c. 18

[^f00003]: 1974 c. 39

[^f00004]: 1987 c. 18

[^f00005]: 1987 c. 18

[^f00006]: 1987 c. 18

[^f00007]: 1988 c. 1

[^f00008]: 1987 c. 18

[^f00009]: 1987 c. 18

[^f00010]: 1947 c. 43

[^f00011]: 1987 c. 47

[^f00012]: 1970 c. 9

[^f00013]: S.I. 1973/334

[^f00014]: 1983 c. 53

[^f00015]: 1983 c. 55

[^f00016]: 1907 c. 51; Schedule 1 was amended by S.I. 1983/747