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Bankruptcy and Diligence etc. (Scotland) Act 2007

Status:

This is the original version (as it was originally enacted).

221Interpretation

This section has no associated Explanatory Notes

In this Act—

  • the “1985 Act” means the Bankruptcy (Scotland) Act 1985 (c. 66);

  • the “1987 Act” means the Debtors (Scotland) Act 1987 (c. 18);

  • the “2002 Act” means the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17);

  • “certified electronic signature” is to be read in accordance with section 7(2) and (3) of the Electronic Communications Act 2000 (c. 7);

  • the “Commission” means the Scottish Civil Enforcement Commission;

  • “debt advice and information package” has the meaning given by section 81(8) of this Act;

  • “decree” means—

    (a)

    a decree of the Court of Session, of the High Court of Justiciary or of the sheriff;

    (b)

    a decree of the Court of Teinds;

    (c)

    a summary warrant;

    (d)

    a civil judgement granted outside Scotland by a court, tribunal or arbiter which, by virtue of any enactment or rule of law, is enforceable in Scotland;

    (e)

    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 granted by the sheriff;

    (f)

    a warrant granted in criminal proceedings for enforcement by civil diligence;

    (g)

    an order under section 114 of the Companies Clauses Consolidation (Scotland) Act 1845 (c. 17);

    (h)

    a determination under section 46 of the Harbours, Docks and Piers Clauses Act 1847 (c. 27); or

    (i)

    a liability order within the meaning of section 33(2) of the Child Support Act 1991 (c. 48);

  • “document of debt” means—

    (a)

    a document registered for execution in the Books of Council and Session or in the sheriff court books;

    (b)

    a bill protested for non-payment by a notary public; or

    (c)

    a document or settlement which, by virtue of an Order in Council made under section 13 of the Civil Jurisdiction and Judgments Act 1982 (c. 27), is enforceable in Scotland;

  • “electronic communication” has the meaning given by section 15(1) of the Electronic Communications Act 2000 (c. 7);

  • “judicial officer” shall be construed in accordance with section 57(1) of this Act; and

  • “professional association” shall be construed in accordance with section 63(1)(a) of this Act.

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