The Debtors (Scotland) Act 1987 (1987 c. 18) is an act of the Parliament of the United Kingdom that made new provision with regard to Scotland for an extension of time for payment of debts, amended the law relating to certain diligences, and made provision in respect of messengers-at-arms and sheriff officers.
Provisions Repealed enactments Section 108(3) of the act repealed 40 enactments, listed in schedule 8 to the act. CitationShort titleExtent of repeal1503 c. 45Diligence Act 1503The whole act.1579 c. 13Registration Act 1579The whole act.1579 c. 45Hornings Act 1579The whole act.1581 c. 26Convention of Burghs Act 1581The whole act.1584 c. 15Execution of Decrees Act 1584The whole act.1587 c. 30Officers of Arms Act 1587The whole act.1592 c. 29Lyon King of Arms Act 1592In section (3) the words "messingeris and", the words "and messingeris" and the words from "With power" to the end. In section (5) the words "and incarceratioun" and the words from "vnder the pane" to the end.1593 c. 34Hornings Act 1593The whole act.1600 c. 22Hornings Act 1600The whole act.1607 c. 13Convention of Burghs Act 1607The whole act.1621 c. 20Hornings Act 1621The whole act.1661 c. 218Poinding Act 1661The whole act.1669 c. 5Poinding Act 1669The whole act.1669 c. 95Lyon King of Arms Act 1669The words from "the fourtie sext" to "Together also with"1672 c. 47Lyon King of Arms Act 1672The words from "are judges" to "office and"1681 c. 5Subscription of Deeds Act 1681The word "hornings"1681 c. 86Bills of Exchange Act 1681The words from "Letters of horning" to "and other"20 Geo. 2. c. 43Heritable Jurisdictions (Scotland) Act 1746Section 2820 Geo. 2. c. 50Tenures Abolition Act 1746Sections 12 and 135 Geo. 3. c. 49Bank Notes (Scotland) Act 1765In section 6 the words from "issuing" to "all other"12 Geo. 3. c. 72Bills of Exchange (Scotland) Act 1772In section 42 the words "by horning or other diligence". In section 43 the words "by horning or other diligence".1 & 2 Vict. c. 114Debtors (Scotland) Act 1838Sections 2 to 15. Sections 23 to 31. In section 32 the words "excepting in the case of poindings". Section 35. All the Schedules.9 & 10 Vict. c. 67Citations (Scotland) Act 1846In section 1 the words "excepting only in cases of poinding as aforesaid"19 & 20 Vict. c. 56Exchequer Court (Scotland) Act 1856In section 28 the words from "except that" to the end. Sections 29 to 34. Section 36. Section 42. Schedules G to K.19 & 20 Vict. c. 91Debts Securities (Scotland) Act 1856In section 6 the words "of hornings"33 & 34 Vict. c. 63Wages Arrestment Limitation (Scotland) Act 1870The whole act.43 & 44 Vict. c. 34Debtors (Scotland) Act 1880In section 4, the proviso, the words from "a warrant" to "or under" and the words "or obligation"45 & 46 Vict. c. 42Civil Imprisonment (Scotland) Act 1882Section 555 & 56 Vict. c. 17Sheriff Courts (Scotland) Extracts Act 1892Section 7(6)10 & 11 Geo. 6. c. 43Local Government (Scotland) Act 1947Sections 248 and 249. In section 250, the words from "together with" to "goods and effects" where second occurring. Sections 251 and 252.10 & 11 Geo. 6. c. 44Crown Proceedings Act 1947In section 46, proviso (a)8 & 9 Eliz. 2. c. 21Wages Arrestment Limitation Amendment (Scotland) Act 1960The whole act.1966 c. 19Law Reform (Miscellaneous Provisions) (Scotland) Act 1966Sections 2 and 31968 c. 49Social Work (Scotland) Act 1968In section 80, subsections (2) and (3)1970 c. 36Merchant Shipping Act 1970In section 11(1)(a), the words "or arrestment"1971 c. 58Sheriff Courts (Scotland) Act 1971Section 36(4)1973 c. 22Law Reform (Diligence) (Scotland) Act 1973The whole act.1979 c. 39Merchant Shipping Act 1979In section 39, subsection (2) and in subsection (3) the words "or arrestment" and the words from "and, as" to the end1979 c. 54Sale of Goods Act 1979Section 401984 c. 43Finance Act 1984Section 16
Subsequent developments The act has been amended on numerous occasions. Significant amendments were made by the Debt Arrangement and Attachment (Scotland) Act 2002, the Bankruptcy and Diligence etc. (Scotland) Act 2007, the Bankruptcy (Scotland) Act 2016, and the Bankruptcy and Diligence (Scotland) Act 2024. The Scottish Ministers have also periodically made regulations under the powers conferred by Part III of the act to vary the earnings figures used in earnings arrestment, most recently by the Diligence against Earnings (Variation) (Scotland) Regulations 2024 (S.S.I. 2024/293).
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