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The Diligence against Earnings (Variation) (Scotland) Regulations 2009

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Explanatory Note

(This note is not part of the Regulations)

Regulation 2 makes changes to certain figures relating to diligence against earnings in Part III of the Debtors (Scotland) Act 1987 (“1987 Act”).

Regulation 2(a) increases the figure set out in sections 53(2)(b) and 63(4)(b) of 1987 Act, used in the calculation of deductions from a person’s pay when that pay is subject to a current maintenance arrestment or conjoined arrestment order, from £12 to £13.50.

Regulation 2(b) substitutes new Tables A, B and C for those in Schedule 2 to 1987 Act which set out the deductions to be made from a person’s pay when that pay is subject to an earnings arrestment.

These new figures reflect the median earnings in the Office for National Statistics' 2008 Annual Survey of Hours and Earnings, which have increased since the figures were last amended in 2006 by the Diligence against Earnings (Variation) (Scotland) Regulations 2006.

In accordance with sections 53(5), 63(8) and 69(1) and (2) of 1987 Act, these Regulations do not apply to existing diligences until they are intimated to employers, unless employers choose to apply them. If they do not choose to do so the figures contained in the Diligence against Earnings (Variation) (Scotland) Regulations 2006 will continue to apply until intimation takes place.

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