- Latest available (Revised)
- Point in Time (06/04/1999)
- Original (As enacted)
Debtors (Scotland) Act 1987
You are here:
- UK Public General Acts
- 1987 c. 18
- PART VII
- Section 106
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: Section 106
Version Superseded: 01/04/2002
Alternative versions:
- 01/02/1991- Amendment
- 01/04/1993- Amendment
- 05/04/1993- Amendment
- 01/04/1996- Amendment
- 06/04/1999- Amendment
- 06/04/1999
Point in time - 01/04/2002- Amendment
- 30/12/2002- Amendment
- 03/03/2003- Amendment
- 05/12/2005- Amendment
- 01/04/2008- Amendment
- 23/11/2009- Amendment
- 18/06/2011- Amendment
- 01/08/2014- Amendment
- 01/04/2015- Amendment
- 31/12/2020- Amendment
Status:
Point in time view as at 06/04/1999. This version of this provision has been superseded.
Status
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Changes to legislation:
Debtors (Scotland) Act 1987, Section 106 is up to date with all changes known to be in force on or before 12 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.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
106 Interpretation.S
In this Act—
“current maintenance” has the meaning given to it in section 73(1) of this Act;
“earnings” has the meaning given to it in section 73(2) of this Act;
“employer” has the meaning given to it in section 73(1) of this Act;
F1. . .
“maintenance” means periodical sums payable under a maintenance order;
“maintenance order” means—
(a)an order granted by a court in Scotland for payment of a periodical allowance on divorce or on the granting of a declarator of nullity of marriage, or for aliment;
(b)an order under section 43 or 44 of the M1National Assistance Act 1948, section 23 or 24 of the M2Ministry of Social Security Act 1966, section 80 or 81 of the M3Social Work (Scotland) Act 1968, section 11(3) of the M4Guardianship Act 1973, section 18 or 19 of the M5Supplementary Benefits Act 1976, section 50 or 51 of the M6Child Care Act 1980 or section 24 or 25 of the M7Social Security Act 1986;
(c)an order of a court in England and Wales or Northern Ireland registered in Scotland under Part II of the M8Maintenance Orders Act 1950;
(d)a provisional order of a reciprocating country which is confirmed by a court in Scotland under Part I of the M9Maintenance Orders (Reciprocal Enforcement) Act 1972;
(e)an order of a reciprocating country which is registered in Scotland under that Part of that Act;
(f)an order registered in Scotland under Part II, or under an Order in Council made in pursuance of Part III, of that Act;
(g)an order registered in Scotland under section 5 of the M10Civil Jurisdiction and Judgments Act 1982; F2. . .
(h)an alimentary bond or agreement (including a document providing for the maintenance of one party to a marriage by the other after the marriage has been dissolved or annulled)—
(i)registered for execution in the Books of Council and Session or sheriff court books; or
(ii)registered in Scotland under an Order in Council made under section 13 of the Civil Jurisdiction and Judgments Act 1982;
[F3or
(j)a maintenance assessment within the meaning of the Child Support Act 1991.]
“net earnings” has the meaning given to it in section 73(1) of this Act;
“officer of court” means a messenger-at-arms or a sheriff officer;
“ordinary debt” has the meaning given to it in section 73(1) of this Act;
[F4“summary warrant” means a summary warrant granted under or, as the case may be, by virtue of—
(a)paragraph 7 of Schedule 2 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987;
(b)paragraph 2 of Schedule 8 to the M11Local Government Finance Act 1992;
(c)paragraph 2 of Schedule 10 to the Local Government etc. (Scotland) Act 1994; or
F5(cc)section 121B of the Social Security Administration Act 1992;]
(d)any of the enactments mentioned in Schedule 4 to this Act;
“warrant of sale” has the meaning given in section 30 of this Act.
Textual Amendments
F1S. 106 (definition of levying authority) repealed (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 117, Sch. 13 para. 55(a), Sch. 14; S.I. 1993/575, art. 2(c).
F2Word in s. 106 omitted (5.4.1993) by virtue of Child Support Act 1991 (c. 48, SIF 20), s. 58(13), Sch. 5 para. 8(7)(a) (with s. 9(2)); S.I. 1992/2644, art. 2.
F3In s. 106, word and para. (j) in the definition of "maintenance order" inserted (5.4.1993) by Child Support Act 1991 (c. 48, SIF 20), s. 58(13), Sch. 5 para. 8(7)(b) (with s. 9(2)); S.I. 1992/2644, art. 2.
F4Definition of “summary warrant” in s. 106 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 151(3); S.I. 1996/323, art. 4(1)(c)
F5Para. (cc) in definition of “summary warrant” in s. 106 inserted (6.4.1999) by 1998 c. 14, s. 86(1), Sch. 7 para. 13, S.I. 1999/526, art. 2(3)(4)
Marginal Citations
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThis Section only
You have chosen to open The Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.