Debtors (Scotland) Act 1987
Act of the Parliament of the United Kingdom
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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.[1]
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Long titleAn Act to make new provision with regard to Scotland for an extension of time for payment of debts; to amend the law relating to certain diligences; to make provision in respect of messengers-at-arms and sheriff officers; and for connected purposes.
Royal assent15 May 1987
| Act of Parliament | |
| |
| Long title | An Act to make new provision with regard to Scotland for an extension of time for payment of debts; to amend the law relating to certain diligences; to make provision in respect of messengers-at-arms and sheriff officers; and for connected purposes. |
|---|---|
| Citation | 1987 c. 18 |
| Territorial extent | Scotland[b] |
| Dates | |
| Royal assent | 15 May 1987 |
| Commencement | By order of the Lord Advocate[c] |
| Other legislation | |
| Amends |
|
| Repeals/revokes | See § Repealed enactments |
| Amended by |
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Status: Amended | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
| Text of the Debtors (Scotland) Act 1987 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
Provisions
Repealed enactments
Section 108(3) of the act repealed 40 enactments, listed in schedule 8 to the act.[2]
| Citation | Short title | Extent of repeal |
|---|---|---|
| 1503 c. 45 | Diligence Act 1503 | The whole act. |
| 1579 c. 13 | Registration Act 1579 | The whole act. |
| 1579 c. 45 | Hornings Act 1579 | The whole act. |
| 1581 c. 26 | Convention of Burghs Act 1581 | The whole act. |
| 1584 c. 15 | Execution of Decrees Act 1584 | The whole act. |
| 1587 c. 30 | Officers of Arms Act 1587 | The whole act. |
| 1592 c. 29 | Lyon King of Arms Act 1592 | In 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. 34 | Hornings Act 1593 | The whole act. |
| 1600 c. 22 | Hornings Act 1600 | The whole act. |
| 1607 c. 13 | Convention of Burghs Act 1607 | The whole act. |
| 1621 c. 20 | Hornings Act 1621 | The whole act. |
| 1661 c. 218 | Poinding Act 1661 | The whole act. |
| 1669 c. 5 | Poinding Act 1669 | The whole act. |
| 1669 c. 95 | Lyon King of Arms Act 1669 | The words from "the fourtie sext" to "Together also with" |
| 1672 c. 47 | Lyon King of Arms Act 1672 | The words from "are judges" to "office and" |
| 1681 c. 5 | Subscription of Deeds Act 1681 | The word "hornings" |
| 1681 c. 86 | Bills of Exchange Act 1681 | The words from "Letters of horning" to "and other" |
| 20 Geo. 2. c. 43 | Heritable Jurisdictions (Scotland) Act 1746 | Section 28 |
| 20 Geo. 2. c. 50 | Tenures Abolition Act 1746 | Sections 12 and 13 |
| 5 Geo. 3. c. 49 | Bank Notes (Scotland) Act 1765 | In section 6 the words from "issuing" to "all other" |
| 12 Geo. 3. c. 72 | Bills of Exchange (Scotland) Act 1772 | In section 42 the words "by horning or other diligence". In section 43 the words "by horning or other diligence". |
| 1 & 2 Vict. c. 114 | Debtors (Scotland) Act 1838 | Sections 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. 67 | Citations (Scotland) Act 1846 | In section 1 the words "excepting only in cases of poinding as aforesaid" |
| 19 & 20 Vict. c. 56 | Exchequer Court (Scotland) Act 1856 | In 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. 91 | Debts Securities (Scotland) Act 1856 | In section 6 the words "of hornings" |
| 33 & 34 Vict. c. 63 | Wages Arrestment Limitation (Scotland) Act 1870 | The whole act. |
| 43 & 44 Vict. c. 34 | Debtors (Scotland) Act 1880 | In section 4, the proviso, the words from "a warrant" to "or under" and the words "or obligation" |
| 45 & 46 Vict. c. 42 | Civil Imprisonment (Scotland) Act 1882 | Section 5 |
| 55 & 56 Vict. c. 17 | Sheriff Courts (Scotland) Extracts Act 1892 | Section 7(6) |
| 10 & 11 Geo. 6. c. 43 | Local Government (Scotland) Act 1947 | Sections 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. 44 | Crown Proceedings Act 1947 | In section 46, proviso (a) |
| 8 & 9 Eliz. 2. c. 21 | Wages Arrestment Limitation Amendment (Scotland) Act 1960 | The whole act. |
| 1966 c. 19 | Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 | Sections 2 and 3 |
| 1968 c. 49 | Social Work (Scotland) Act 1968 | In section 80, subsections (2) and (3) |
| 1970 c. 36 | Merchant Shipping Act 1970 | In section 11(1)(a), the words "or arrestment" |
| 1971 c. 58 | Sheriff Courts (Scotland) Act 1971 | Section 36(4) |
| 1973 c. 22 | Law Reform (Diligence) (Scotland) Act 1973 | The whole act. |
| 1979 c. 39 | Merchant Shipping Act 1979 | In section 39, subsection (2) and in subsection (3) the words "or arrestment" and the words from "and, as" to the end |
| 1979 c. 54 | Sale of Goods Act 1979 | Section 40 |
| 1984 c. 43 | Finance Act 1984 | Section 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).