Royal Arms Debt Arrangement and Attachment (Scotland) Act 2002

2002 asp 17


 

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Debt Arrangement and Attachment (Scotland) Act 2002

2002 asp 17

 
 
 
CONTENTS

PART 1
THE DEBT ARRANGEMENT SCHEME
Section 
1Debt arrangement scheme
2Debt payment programmes
3Money advice
4Effect of debt payment programmes
5Variation of debt payment programmes
6Deduction from earnings
7Debt payment programmes: power to make further provision
8Functions of the Scottish Ministers
9Interpretation of Part

PART 2
ATTACHMENT
Attachment
10Attachment
11Articles exempt from attachment
12Times when attachment is not competent
13Presumption of ownership

Attachment of articles kept outwith dwellinghouses etc.
14Procedure for attachment of articles kept outwith dwellinghouses etc.
15Power of entry and valuation
16Attachment of mobile homes
17Report of attachment
18Redemption
19Removal and auction of attached articles

Attachment: further procedure
20Order for security of articles or sale of articles which are perishable etc.
21Unlawful acts after attachment
22Release of vehicle from attachment
23Appeals against valuation
24Duration of attachment
25Second attachment at same place
26Invalidity and cessation of attachment

Auction of attached articles
27Notice of public auction
28Alteration of arrangements for removal or auction
29Cancellation of auctions
30Auction
31Disposal of proceeds of auction
32Report of auction
33Audit of report of auction

General and miscellaneous provisions
34Articles belonging to a third party
35Articles in common ownership
36Procedure where articles in common ownership are sold at auction
37Attachment terminated by payment or tender of full amount owing
38Assistance to debtor
39Expenses chargeable in relation to attachment etc.
40Recovery from debtor of expenses of attachment
41Ascription of sums recovered by attachment or while attachment is in effect
42Restriction on fees payable by debtor
43Power to provide for lay representation
44Legal aid
45Interpretation of this Part and Parts 3 and 4

PART 3
ATTACHMENT OF ARTICLES KEPT IN DWELLINGHOUSES: SPECIAL PROCEDURE
46Restriction on attachment of articles kept in dwellinghouses
47Exceptional attachment order
48Exceptional circumstances
49Power of entry
50Unlawful acts before attachment
51Valuation
52Articles with sentimental value
53Removal of articles attached in dwellinghouse
54Professional valuation
55Release of articles from attachment
56Redemption
57Appeals

PART 4
ABOLITION OF POINDINGS AND WARRANT SALES
58Abolition of poindings and warrant sales
59Savings

PART 5
MISCELLANEOUS AND GENERAL
60Application of this Act to sequestration for rent and arrestment
61Minor and consequential amendments and repeals
62Regulations and orders
63Crown application
64Short title and commencement
 

 
    Schedule 1-Expenses of attachment etc.
    Schedule 2-Non-essential assets
    Schedule 3-Minor and consequential amendments and repeals
    Part 1-Acts
    Part 2-Subordinate legislation
 


  continue
 
 
 
 

Explanatory Note
 
 
 
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© Crown copyright 2002
Prepared 24 December 2002