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Debtors (Scotland) Act 1987
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Changes over time for: Paragraph 1
Version Superseded: 30/12/2002
Alternative versions:
- 01/02/1991- Amendment
- 01/07/1997
Point in time - Stop date 30/12/2002- Amendment
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Point in time view as at 01/07/1997.
Changes to legislation:
Debtors (Scotland) Act 1987, Paragraph 1 is up to date with all changes known to be in force on or before 23 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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1(1)Subject to paragraphs 2, 3 and 5 to 7 below, there shall be chargeable against the debtor any expenses incurred—S
(a)subject to section 90(7) of this Act, in serving a charge;
(b)in serving a notice under section 18 of this Act before entering a dwellinghouse for the purpose of executing a poinding;
(c)in executing a poinding under section 20 of this Act;
(d)in making a report under section 21(4) of this Act of the redemption by the debtor of any poinded article;
(e)in granting a receipt under section 21(5) of this Act for payment for redemption under subsection (4) of that section;
(f)in making a report under section 22 of this Act of the execution of a poinding, but not in applying for an extension of time for the making of such a report;
(g)in applying for a warrant of sale under section 30(1) of this Act;
(h)in granting a receipt under section 33(3) of this Act for payment for the redemption of any poinded article;
(j)in making a report under section 33(5)(b) of this Act of the release or redemption of poinded articles;
(k)in making intimation, serving a copy of the warrant of sale and giving public notice under section 34 of this Act;
(l)in removing any articles for sale in pursuance of a warrant of sale;
(m)in making arrangements for, conducting and supervising a warrant sale;
(n)where the arrangements for a sale have been cancelled under section 36(1) of this Act, in returning poinded articles to any premises from which they have been removed for sale;
(o)in making a report of an agreement under section 36(2) of this Act;
(p)subject to section 39(3) of this Act, in making a report of sale under that section;
(q)in granting a receipt under section 41(4) of this Act for payment for the release from a poinding of any article which is owned in common;
(r)in making a report under section 41(5)(b) of this Act of the release of any such article;
(s)in opening shut and lockfast places in the execution of the diligence;
(t)by a solicitor in instructing an officer of court to take any of the steps specified in this sub-paragraph.
(2)The Lord Advocate may by regulations add to, delete or vary any of the steps specified in sub-paragraph (1) above.
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