Debtors (Scotland) Act 1987

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B e it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— I EXTENSION OF TIME TO PAY DEBTS Interpretation of Part II.: In this Part of this Act—“dwellinghouse” includes a caravan, a houseboat and any structure adapted for use as a residence;“the poinding schedule” means the schedule provided for in section 20(5) of this Act;“the report of sale” means the report provided for in section 39(1) of this Act;“the sum recoverable” means the total of— a) in the case of a direction under subsection (1)(a) above, before the date when the last instalment of the debt concerned (other than such interest) is payable under the direction; Disposal of proceeds of sale.: The officer of court appointed under section 31(2)(a) of this Act shall dispose of the proceeds of the warrant sale—

The clerk of court or sheriff clerk shall as soon as is reasonably practicable intimate a variation under subsection (1) above to the debtor and to the creditor, and the variation shall come into effect on the date of such intimation. Amended by b) in the case of a direction under subsection (1)(b) above, before the end of the period specified in the direction, If any sum payable under a time to pay direction under section 1(1)(b) of this Act remains unpaid 24 hours after the end of the period specified in the direction, the direction shall cease to have effect. The court may, on making a time to pay direction, recall or restrict an arrestment of the kind described in subsection (2) above.b) as a lump sum at the end of such period following intimation as mentioned in paragraph (a) above, Any sum paid by a debtor under a time to pay direction shall not be ascribed to interest claimed in pursuance of subsections (6) and (7) above until the debt concerned (other than such interest) has been discharged. Section cited in: 5 cases, 11 Laws or Regulations Amended by iii) value added tax due under the Value Added Tax Act 1983 or any sum recoverable as if it were value added tax. Where a court grants a decree which contains a finding as to liability for expenses and makes a time to pay direction in relation to those expenses but—

a) by such instalments, commencing at such time after the date of intimation by the creditor to the debtor of an extract of the decree containing the direction, payable at such intervals; orbut, while the direction is in effect, it shall not be competent to commence an action of furthcoming or sale following on such an arrestment. If, on the day on which an instalment payable under a time to pay direction becomes due, there remains unpaid a sum, due under previous instalments, of not less than the aggregate of 2 instalments, the direction shall cease to have effect.