Citation and commencement

1.-(1) This Act of Sederunt may be cited as the Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) (Amendment) 1996 and shall come into force on 11th November 1996.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of the Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988

2.-(1) The Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988(11) shall be amended in accordance with the following sub-paragraphs.

(2) For rule 68(12), substitute the following rule:-�

"Summary warrants

68. A summary warrant for recovery of any sum shall be in form 61 or 62, as the case may be."

(3) In the Schedule, for forms 61(13), 62(14) and 63(15) substitute Forms 61 and 62 as set out in Schedule 1 to this Act of Sederunt.

Revocations

3. The Acts of Sederunt mentioned in Schedule 2 to this Act of Sederunt are revoked to the extent specified in the third column of that Schedule.

Paragraph 2(3)

SCHEDULE 1

Rule 68

FORM 61SUMMARY WARRANT FOR THE RECOVERY OF

(insert type of sum due e.g. Rates, Community Charge, Council Tax etc)

under (insert section and statute under which sum due)

(Place and date)

The Sheriff having considered the application dated (date) by (name and address of applicant) along with certificate produced and it being stated in the application that an action has not been commenced for the recovery of any amount due, Grants a Summary Warrant authorising recovery of the amount remaining due and unpaid by each person specified in the application along with a surcharge of 10 per cent of that amount by:-�

(a)a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987;

(b)an earnings arrestment;

(c)an arrestment and action of furthcoming or sale;

and Grants Warrant to enter premises in the occupancy of any person specified in the application in order to execute a poinding or sale or the removal and sale of poinded articles and, for any of those purposes, to open shut and lockfast places.

Note:-� This form to be used where statute provides for 10 per cent surcharge to be added.

Rule 68

FORM 62SUMMARY WARRANT FOR THE RECOVERY OF

(insert type of sum due e.g. Car Tax, Value Added Tax, etc.)

under (insert section and statute under which sum due)

(Place and date)

The Sheriff having considered the application dated (date) by (name and address of applicant) along with certificate produced, Grants a Summary Warrant authorising recovery of the amount remaining due and unpaid by each person specified in the application by:-�

(a)a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987;

(b)an earnings arrestment;

(c)an arrestment and action of furthcoming or sale;

and Grants Warrant to enter premises in the occupancy of any person specified in the application in order to execute a poinding or sale or the removal and sale of poinded articles and, for any of those purposes, to open shut and lockfast places.

Paragraph 3

SCHEDULE 2ACTS OF SEDERUNT REVOKED

Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988 to make general provision for enforcement action for non-payment of monies by summary warrant procedure rather than separate provision dependent on the legislative basis of such recovery, as at present.