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Debt Arrangement and Attachment (Scotland) Act 2002

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Debt Arrangement and Attachment (Scotland) Act 2002. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. The Act

    1. Part 1 – the Debt Arrangement Scheme

      1. Section 1 – Debt arrangement scheme

      2. Section 2 – Debt payment programmes

      3. Section 3 – Money advice

      4. Section 4 – Effect of debt payment programmes

      5. Section 5 – Variation of debt payment programmes

      6. Section 6 – Deduction from earnings

      7. Section 7 – Debt payment programmes: power to make further provision

      8. Section 8 – Functions of the Scottish Ministers

      9. Section 9 – Interpretation of Part

    2. Part 2 – Attachment

      1. Attachment

        1. Section 10 – Attachment

        2. Section 11 – Articles exempt from attachment

        3. Section 12 – Times when articles may not be attached

        4. Section 13 – Presumption of ownership

      2. Attachment of articles kept outwith dwellinghouses

        1. Section 14 – Procedure for attachment of articles kept outwith dwellinghouses etc.

        2. Section 15 – Power of entry and valuation

        3. Section 16 – Attachment of mobile homes

        4. Section 17 – Report of attachment

        5. Section 18 – Redemption

        6. Section 19 – Removal and auction of attached articles

        7. Section 20 – Order for security of articles or sale of articles which are perishable etc.

        8. Section 21 – Unlawful acts after attachment

        9. Section 22 – Release of vehicle from attachment

        10. Section 23 - Appeals against valuation

        11. Section 24 – Duration of attachment

        12. Section 25 – Second attachment at same place

        13. Section 26 – Invalidity and cessation of attachment

      3. Auction of attached articles

        1. Section 27 – Notice of public auction.

        2. Section 28 – Alteration of arrangements for removal or auction

        3. Section 29– Cancellation of auctions

        4. Section 30 – Auction

        5. Section 31 – Disposal of proceeds of auction

        6. Section 32 – Report of auction

        7. Section 33 – Audit of report of auction

      4. General and miscellaneous provisions

        1. Section 34– Articles belonging to a third party

        2. Section 35 – Articles in common ownership

        3. Section 36 – Procedure where articles in common ownership are sold at auction.

        4. Section 37 – Attachment terminated by payment or tender of full amount owing

        5. Section 38 – Assistance to debtor

        6. Section 39 – Expenses chargeable in relation to attachment etc.

        7. Section 40 – Recovery from debtor of expenses of attachment

        8. Section 41 – Ascription of sums recovered by attachment or while attachment is in effect

        9. Section 42 – Restriction on fees payable by debtor

        10. Section 43 – Power to provide for lay representation

        11. Section 44  – Legal aid

        12. Section 45 – Interpretation of this Part and Parts 3 and 4

    3. Part 3 – Attachment of Articles Kept in Dwellinghouses: Special Procedure

      1. Section 46 – Restriction on attachment of articles kept in dwellinghouses

      2. Section 47 – Exceptional attachment order

      3. Section 48 – Exceptional circumstances

      4. Section 49 – Power of entry

      5. Section 50 – Unlawful acts before attachment

      6. Section 51 - Valuation

      7. Section 52 – Articles with sentimental value

      8. Section 53 – Removal of articles attached in dwellinghouse

      9. Section 54 - Professional valuation

      10. Section 55 - Release of articles from attachment

      11. Section 56 – Redemption

      12. Section 57 – Appeals

    4. Part 4 – Abolition of Poindings and Warrant Sale

      1. Section 58 – Abolition of poindings and warrant sales

      2. Section 59 – Savings

    5. Part 5 – Miscellaneous and General

      1. Section 60 – Application of this Act to sequestration for rent and arrestment

      2. Section 61 – Minor and consequential amendments and repeals

      3. Section 62 – Regulations and orders

      4. Section 63 – Crown application

      5. Section 64 – Short title and commencement

    6. Schedule 1 – Expenses of attachment Etc

    7. Schedule 2 – Non-essential assets

    8. Schedule 3 – Minor and consequential amendments and repeals

  3. Debt Arrangement and Attachment (Scotland) Act 2002

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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