Statutory Instrument 1991 No. 1920 (S.162)

Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) (Amendment) 1991

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1991 No. 1920 (S.162)

SHERIFF COURT, SCOTLAND

Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) (Amendment) 1991

The Lords of Council and Session, under and by virtue of the powers conferred on them by section 247(2) of the Local Government (Scotland) Act 1947(^[1]), section 63(1) of the Taxes Management Act 1970(^[2]), section 32 of the Sheriff Courts (Scotland) Act 1971(^[3]), paragraph 3(3) of Schedule 1 to the Car Tax Act 1983(^[4]), paragraph 6(5) of Schedule 7 to the Value Added Tax Act 1983(^[5]), paragraph 7 of Schedule 2 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987(^[6]) and of all other powers enabling them in that behalf, having approved, with modifications, draft rules submitted to them by the Sherrif Court Rules Council in accordance with section 34 of the Sheriff Courts (Scotland) Act 1971, do hereby enact and declare:

Citation and commencement
    1.    -

    (1)  This Act of Sederunt may be cited as the Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) (Amendment) 1991 and shall come into force on 16th September 1991.

    (2)  This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988
    2.    -

    (1)  The Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988(^[7]) shall be amended in accordance with the following sub-paragraphs.

    (2)  For rule 45, substitute the following rule:-
"Notice to debtor prior to service of current maintenance arrestment

    45.    -
    (1)  Intimation to a debtor under a maintenance order required by section 54(1)(a) of the Act prior to service of a current maintenance arrestment shall be given by intimating to him a notice in form 37 together with a copy of the relevant maintenance order.

    (2)  The notice referred to in paragraph (1) of this rule shall contain-
(a) the name and address of the creditor and of the debtor;

(b) details of the making, registration or confirmation of the maintenance order;

(c) guidance as to the manner in which payment may be made; and

(d) a statement of the consequences of failure to comply with the maintenance order.


    (3)  Intimation in accordance with this rule shall-
(a) where the debtor resides in the United Kingdom, be by recorded delivery post; and

(b) where the debtor resides outside the United Kingdom, be by any competent method of service appropriate to that place.


    (4)  The creditor shall prepare a certificate that intimation has been made in accordance with this rule and shall retain the certificate while the current maintenance arrestment is in force.

    (5)  Where, in the exercise of his powers under section 24B of the Social Security Act 1986(^[8]), the Secretary of State seeks to enforce a maintenance order on behalf of a claimant, the following notice shall be appended to form 37:-
"The Secretary of State for Social Security ("the creditor") intends to enforce this maintenance order under the powers conferred on him by section 24B of the Social Security Act 1986." .

" .




    (3)  For form 37, substitute form 37 set out in the Schedule to this Act of Sederunt.

    (4)  For forms 61, 62 and 63, substitute forms 61, 62 and 63 set out in the Schedule to this Act of Sederunt.

J.A.D. Hope

Lord President, IPD
Edinburgh,

22nd August 1991

[1] 1947 c. 43; section 247(2) was substituted by paragraph 1(1) of Schedule 4 to the Debtors (Scotland) Act 1987 (c. 18). back

[2] 1970 c. 9; section 63(1) was substituted by paragraph 2 of Schedule 4 to the Debtors (Scotland) Act 1987 (c. 18). back

[3] 1971 c. 58; section 32 was amended by paragraph 12 of Schedule 2 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73) and by section 2(4) of the Civil Evidence (Scotland) Act 1988 (c. 32); and was extended inter alia by section 97 of the Debtors (Scotland) Act 1987 (c. 18). back

[4] 1983 c. 53; paragraph 3(3) was inserted by paragraph 3 of Schedule 4 to the Debtors (Scotland) Act 1987 (c. 18). back

[5] 1983 c. 55; paragraph 6(5) was inserted by paragraph 4 of Schedule 4 to the Debtors (Scotland) Act 1987 (c. 18). back

[6] 1987 c. 47; paragraph 7 of Schedule 2 was amended by paragraph 36(9) of Schedule 12 to, and Part IV of Schedule 13 to the Local Government Finance Act 1988 (c. 41). back

[7] S.I. 1988/2013. back

[8] 1986 c. 50; section 24B was inserted by section 8(1) of the Social Security Act 1990 (c. 27). back

Explanatory Note