Abolition of Poindings and Warrant Sales Bill [AS AMENDED AT STAGE 2]

Similar documents
Abolition of Poindings and Warrant Sales Bill [AS INTRODUCED]

Homelessness etc. (Scotland) Bill

CENSUS (SCOTLAND) BILL

Prohibition of Female Genital Mutilation (Scotland) Bill [AS AMENDED AT STAGE 2]

Tobacco Advertising and Promotion (Scotland) Bill

Prohibition of Female Genital Mutilation (Scotland) Bill [AS INTRODUCED]

Freedom of Information (Amendment) (Scotland) Bill [AS PASSED]

2008 No. (C. ) INSOLVENCY DEBT. The Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No. 3, Savings and Transitionals) Order 2008

Commissioner for Older People (Scotland) Bill [AS INTRODUCED]

Protection of Wild Mammals (Scotland) Bill

Community Care (Delayed Discharges etc.) Bill

Protection of Wild Mammals (Scotland) Bill

Scottish Register of Tartans Bill [AS PASSED]

Debt Arrangement and Attachment (Scotland) Bill

Schools (Health Promotion and Nutrition) (Scotland) Bill [AS INTRODUCED]

Protection of Children and Prevention of Sexual Offences (Scotland) Bill [AS PASSED]

SENIOR JUDICIARY (VACANCIES AND INCAPACITY) (SCOTLAND) BILL

REGULATION OF INVESTIGATORY POWERS (SCOTLAND) BILL

Employment Bill [HL]

National Lottery Bill

Licensing Act 2003 (Amendment) Bill

Smoking Prohibition (Children in Motor Vehicles) (Scotland) Bill [AS AMENDED AT STAGE 2]

Football Spectators and Sports Grounds Bill

Succession (Scotland) Bill [AS AMENDED AT STAGE 2]

Trespass with a Vehicle (Offences) Bill

Certification of Death (Scotland) Bill [AS INTRODUCED]

LORDS AMENDMENTS TO THE ENTERPRISE AND REGULATORY REFORM BILL

Female Genital Mutilation Bill

PROPERTY FACTORS (SCOTLAND) BILL

Succession (Scotland) Bill

Climate Change Bill CONTENTS

Antisocial Behaviour etc. (Scotland) Bill

Bankruptcy and Debt Advice (Scotland) Bill [AS INTRODUCED]

(Northern Ireland) Act 1998

Goods Mortgages Bill [HL]

Freedom of Information (Amendment) (Scotland) Bill [AS INTRODUCED]

2017 No. ENVIRONMENTAL PROTECTION. Environmental Authorisations (Scotland) Regulations 2018

Coroners and Justice Bill

Scottish Elections (Reduction of Voting Age) Bill [AS AMENDED AT STAGE 2]

BANKRUPTCY (SCOTLAND) BILL

End of Life Assistance (Scotland) Bill [AS INTRODUCED]

Local Government Finance (Unoccupied Properties etc.) (Scotland) Bill [AS INTRODUCED]

Conditions Act School Teachers' Pay and ARRANGEMENT OF SECTIONS CHAPTER 49

Double Jeopardy (Scotland) Bill [AS AMENDED AT STAGE 2]

Goods Mortgages Bill

Edinburgh Tram (Line One) Bill

BILL. 1 Amendment of Wild Mammals (Protection) Act 1996 (1) For section 1 of the Wild Mammals (Protection) Act 1996 (c. 3) there shall be substituted

BELIZE RECIPROCAL ENFORCEMENT OF JUDGMENTS ACT CHAPTER 171 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

High Hedges (Scotland) Bill [AS PASSED]

Social Care (Self-directed Support) (Scotland) Bill [AS INTRODUCED]

Corporate Manslaughter and Corporate Homicide Bill

Directive 98/26/EC on Settlement Finality in Payment and Securities Settlement Systems

Bribery Act CHAPTER 23. An Act to make provision about offences relating to bribery; and for connected purposes.

FOOTBALL SPECTATORS AND SPORTS GROUNDS BILL

Transport (Scotland) Bill

Temporary and Agency Workers (Equal Treatment) Bill

Bribery Act CHAPTER 23. An Act to make provision about offences relating to bribery; and for connected purposes.

Health and Safety (Directors Duties) Bill

UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill [AS AMENDED AT STAGE 2]

UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill [AS PASSED]

2013 No FOOD. The Fish Labelling Regulations 2013

Children (Scotland) Act 1995

Stipends (Cessation of Special Payments) Measure

2013 No. 318 BANKRUPTCY

European Union Bill EXPLANATORY NOTES

Education Act ARRANGEMENT OF SECTIONS CHAPTER 60

Telecommunications Masts (Planning Control) Bill

Road Traffic (New Drivers) Act 1995

Family Law (Scotland) Bill [AS INTRODUCED]

Education Act, 1962 ARRANGEMENT OF SECTIONS

Scottish Elections (Reduction of Voting Age) Bill [AS INTRODUCED]

Robin Rigg Offshore Wind Farm (Navigation and Fishing) (Scotland) Bill

Air Weapons and Licensing (Scotland) Bill [AS PASSED]

Caravan Sites (Security of Tenure)

Licensing (Scotland) Bill [AS AMENDED AT STAGE 2]

High Hedges (Scotland) Bill [AS INTRODUCED]

FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT

Title 8 Laws of Bermuda Item 47 BERMUDA 1973 : 69 DEBTORS ACT 1973 ARRANGEMENT OF SECTIONS. [preamble and words of enactment omitted]

2015 No. 191 SEA FISHERIES, ENGLAND AND WALES SEA FISHERIES, NORTHERN IRELAND. The Sea Fishing (Enforcement and Miscellaneous Provisions) Order 2015

CHAPTER 8 MINISTERS AND PARLIAMENTARY SECRETARIES (REMUNERATION AND ALLOWANCES) / / / / / / /99

UNITED KINGDOM ACT OF PARLIAMENT c 30 INTERPRETATION ACT 1978 UK

WIRELESS TELEGRAPHY (JERSEY) ORDER 2003

1996 No (L.5) IMMIGRATION. The Asylum Appeals (Procedure) Rules 1996

Education (Scotland) Act 1981

BILL. 1 Purpose The purposes of this Act are to improve the health and well-being of children and to reduce ill-health in children.

Health and Safety (Directors Duties) Bill

Dangerous Dogs Act 1991

Housing (Scotland) Bill

Racial and Religious Hatred Act 2006

Civil Contingencies Bill

Title 8 Laws of Bermuda Item 71 BERMUDA 1958 : 103 JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT 1958 ARRANGEMENT OF SECTIONS

Child Maintenance and Other Payments Bill

Marine Navigation Act 2013

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Healthcare (International Arrangements) Bill (changed to Healthcare (European Economic Area and Switzerland Arrangements) Bill)

Damages (Investment Returns and Periodical Payments) (Scotland) Bill [AS INTRODUCED]

Prevention of Terrorism Act 2005

APPELLATE JURISDICTION ACT

CHAPTER 1.06 INTERPRETATION ACT

Property Boundaries (Resolution of Disputes) Bill

Transcription:

Abolition of Poindings and Warrant Sales Bill 1 Amendments to the Bill since the previous version are indicated by sidelining in the right margin. Wherever possible, provisions that were in the Bill as introduced retain the original numbering. Abolition of Poindings and Warrant Sales Bill [AS AMENDED AT STAGE 2] An Act of the Scottish Parliament to abolish poindings and warrant sales. 10 2 1 Abolition of poindings and warrant sales (1) It shall no longer be competent to enforce payment of a debt by poinding or warrant sale; and any enactment or rule of law allowing such enforcement shall cease to have effect. (3) The following provisions of the Debtors (Scotland) Act 1987 (c.18) shall cease to have effect (a) Part II; (d) section 74(2); (e) Schedule 1; (f) Schedule ; and (g) the other provisions of that Act listed in Part 1 of the schedule to this Act. () In this section debt means any sum due by a debtor, including any sum due under a summary warrant, decree or other document (including any interest thereon and any expenses), any sum due by way of a fine or penalty or under an order of court in criminal proceedings and any other sum which, immediately prior to the coming into force of this section, was recoverable by poinding and warrant sale; debtor includes any person or body of persons corporate or unincorporate; summary warrant includes a summary warrant granted under or by virtue of any enactment; decree or other document includes (a) a decree, order or warrant of the Court of Session or the sheriff; (b) an extract of a document which is registered for execution in the Books of Council and Session or the sheriff court books; (c) an order or determination which by virtue of any enactment is enforceable as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff; SP Bill 3A Session 1 (00)

2 Abolition of Poindings and Warrant Sales Bill 10 2 30 (d) a civil judgment granted outside Scotland by a court, tribunal or arbiter which by any enactment or rule of law is enforceable in Scotland; and (e) a document or settlement which by virtue of an Order in Council made under section 13 of the Civil Jurisdiction and Judgments Act 1982 (c.27) is enforceable in Scotland; poinding includes poinding of the ground; warrant sale includes a sale in pursuance of a summary warrant. 1A Savings and transitional provision (1) Despite section 1 of this Act, the following enactments shall continue to have effect as they had effect immediately prior to the coming into force of that section (a) section 33(1)(a) of the Bankruptcy (Scotland) Act 198 (c.66) (property exempted from poinding not to vest in permanent trustee on sequestration); (b) section 99 of the Debtors (Scotland) Act 1987 (c.18) (which applies certain provisions of Part II of that Act in relation to sequestration for rent or feuduty and certain arrestments), except so far as it applies section 16(3) of that Act. (2) The Scottish Ministers may, by order made by statutory instrument, make such transitional provision and further savings as they consider necessary or expedient in connection with the coming into force of any provision of this Act. (3) A statutory instrument containing an order under subsection (2) above is subject to annulment in pursuance of a resolution of the Scottish Parliament. 2 Repeals and revocations (1) The enactments listed in Part 2 of the schedule are repealed to the extent specified in the second column. (2) The enactments listed in Part 3 of the schedule are revoked to the extent specified in the second column. 3 Commencement and short title (1) Sections 1, 1A and 2 and the schedule shall come into force on 31st December 02 or such earlier date as the Scottish Ministers may, by order made by statutory instrument, appoint. (2) This Act may be cited as the Abolition of Poindings and Warrant Sales Act 00.

Abolition of Poindings and Warrant Sales Bill 3 Schedule Repeals and revocations Part 1 Repeals of the Debtors (Scotland) Act 1987 SCHEDULE (introduced by sections 1(3) and 2) REPEALS AND REVOCATIONS PART 1 REPEALS OF THE DEBTORS (SCOTLAND) ACT 1987 Debtors (Scotland) Act 1987 (c.18) In section 2, subsection (1)(b)(ii). In section, subsection ()(a). Section 8(1)(a). 10 In section 9 (a) subsections (1)(b)(ii) and (2)(d); (b) in subsection (3), the words a poinding or and the words or the recall of the poinding ; (c) in subsection (4), the words (d) or and the words from other than to the end; (ca)in subsection (6), the words (d) or ; (d) subsection (8)(a); (e) subsection (9); and (f) in subsection (12), the words from and, notwithstanding to the end. In section 10 (a) in subsection (1)(b), the words a poinding or and recall the poinding or ; (b) in subsection (2), the words a poinding or. 2 In section 13(2), the words or a poinding and the words or poinding in both places where they occur. In section (1), the definition of poinding and poinded. Part II. 30 Section 74(2). In section 87 (a) in subsection (2)(a), the words from and the poinding to the end of the paragraph; and (b) subsection (). 3 In section 90(1), (2), () and (6), the words a poinding or.

4 Abolition of Poindings and Warrant Sales Bill Schedule Repeals and revocations Part 2 Other repeals In section 93, subsection (1)(a). Section 94(1)(a). Section 9(1)(a). In section 103(1), the words 21(1), 27(4), 43() and and paragraphs 6(1), 11(4) and 14() of Schedule thereto. In section 103(7), paragraphs (a) to (j) and (q). 10 In section 104, in subsection (1), the words except as provided in subsection (2) below,, and subsection (2). In section 106, the definition of warrant of sale. Schedules 1 and. In Schedule 7, paragraphs 4, 7(1)(a) and 9(4)(a). PART 2 OTHER REPEALS Writs Execution (Scotland) Act 1877 (c. 40) Sheriff Courts (Scotland) Extracts Act 1892 (c.17) Local Government (Scotland) Act 1947 (c.43) In section 3(a), the words from and the poinding to the end of the paragraph. In section 7(1)(a), the words from and the poinding to the end of the paragraph. Section 247(3)(a). In section 247A(1), the words from and without prejudice to poinding and sale). 2 Taxes Management Act 1970 (c.9) Section 63(2)(a). In section 63A(1), the words from and without prejudice to poinding and sale). Section 64(2). 30 Car Tax Act 1983 (c.3) In paragraph 3 of Schedule 1 (a) sub-paragraph (4)(a); and (b) in sub-paragraph (), the words from and without prejudice to poinding and sale).

Abolition of Poindings and Warrant Sales Bill Schedule Repeals and revocations Part 3 Revocations Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c.47) Income and Corporation Taxes Act 1988 (c.1) Child Support Act 1991 (c.48) Social Security Administration Act 1992 (c.) In Schedule 2, paragraph 7(3)(a) and, in paragraph 8(1), the words from and without prejudice to 1987. In paragraph 6() of Schedule 16, the words or poinding. Section 38(1)(a). In section 121B, subsection (1)(a) and, in subsection (4), the words from and without prejudice to poinding and sale). 10 Local Government Finance Act 1992 (c.14) Local Government etc. (Scotland) Act 1994 (c.39) In Schedule 8, paragraph 2(3)(a) and, in paragraph 4(1), the words from and without prejudice to 1987. In Schedule 10, paragraph 2(3)(a) and, in paragraph 4(1), the words from and without prejudice to 1987. Finance Act 1997 (c.16) In section 2, subsection (2)(a) and, in subsection (3), the words from and without prejudice to poinding and sale). PART 3 REVOCATIONS Stamp Duty Reserve Tax Regulations 1986 (S.I. 1986/1771) 2 Gilt-edged Securities (Periodic Accounting for Tax on Interest) Regulations 199 (S.I. 199/3224) Extent of revocation In Part II of the Schedule, in the provisions of the Taxes Management Act 1970 (c.9) restated for the purposes of the Regulations, section 63(2)(a) and, in section 63A(1), the words from and without prejudice to poinding and sale). In Regulation 17(), the words or poinding. 30 3 Lloyd s Underwriters (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) Regulations 199 (S.I. 199/322) Stamp Duty (Collection and Recovery of Penalties) Regulations 1999 (S.I. 1999/237) In Regulation 9(), the words or poinding. In Part II of the Schedule, in the provisions of the Taxes Management Act 1970 (c.9) restated for the purposes of the Regulations, section 63(2)(a) and, in section 63A(1), the words from and without prejudice to poinding and sale).

Abolition of Poindings and Warrant Sales Bill [AS AMENDED AT STAGE 2] An Act of the Scottish Parliament to abolish poindings and warrant sales. Introduced by: Tommy Sheridan On: 24 September 1999 Supported by: Alex Neil, John McAllion Bill type: Member s Bill Copyright The Scottish Parliamentary Corporate Body 00 EDINBURGH: THE STATIONERY OFFICE Printed in the United Kingdom by The Stationery Office Limited 1.0 Applications for reproduction should be made in writing to the Copyright Unit, Her Majesty s Stationery Office, St Clements House, 2-16 Colegate, Norwich NR3 1BQ. Fax 01603 723000. Produced and published in Scotland on behalf of the Scottish Parliament by The Stationery Office Ltd. Her Majesty s Stationery Office is independent of and separate from the company now trading as The Stationery Office Ltd, which is responsible for printing and publishing Scottish Parliament publications. ISBN 0-33-8114-9 9 780338 1140 SP Bill 3A Session 1 (00)