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The Diligence against Earnings (Variation) (Scotland) Regulations 2023

As Enacted Cited authorities 14 Cited in Related
Vincent
JurisdictionScotland

2023 No. 27

Enforcement

The Diligence against Earnings (Variation) (Scotland) Regulations 2023

Made 1st February 2023

Laid before the Scottish Parliament 3rd February 2023

Coming into force 6th April 2023

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 49(7)(a), 53(3) and 63(6) of the Debtors (Scotland) Act 19871and all other powers enabling them to do so.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Diligence against Earnings (Variation) (Scotland) Regulations 2023 and come into force on 6 April 2023.

S-2 Rate of deductions in diligence against earnings

Rate of deductions in diligence against earnings

2. In the Debtors (Scotland) Act 1987—

(a) in sections 53(2)(b) (deductions to be made under current maintenance arrestments) and 63(4)(b) (deductions to be made under conjoined arrestment orders), for “18.63”2substitute “21.56”, and

(b) for Tables A, B and C of schedule 23(deductions to be made under earnings arrestment), substitute respectively Tables A, B and C in the schedule of these Regulations.

TOM ARTHUR

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

1st February 2023

SCHEDULE

Regulation 2(b)

SCHEDULE

TABLE A: DEDUCTIONS FROM WEEKLY EARNINGS

Net earnings

Deduction*

Not exceeding £150.94

Nil

Exceeding £150.94 but not exceeding £545.57

£4.00 or 19% of earnings exceeding £150.94, whichever is the greater

Exceeding £545.57 but not exceeding £820.21

£74.98 plus 23% of earnings exceeding £545.57

Exceeding £820.21

£138.15 plus 50% of earnings exceeding £820.21

TABLE B: DEDUCTIONS FROM MONTHLY EARNINGS

Net earnings

Deduction*

Not exceeding £655.83

Nil

Exceeding £655.83 but not exceeding £2,370.49

£15.00 or 19% of earnings exceeding £655.83, whichever is the greater

Exceeding £2,370.49 but not exceeding £3,563.83

£325.79 plus 23% of earnings exceeding £2,370.49

Exceeding £3,563.83

£600.25 plus 50% of earnings exceeding £3,563.83

TABLE C: DEDUCTIONS FROM DAILY EARNINGS

Net earnings

Deduction*

Not exceeding £21.56

Nil

Exceeding £21.56 but not exceeding £77.93

£0.50 or 19% of earnings exceeding £21.56, whichever is the greater

Exceeding £77.93 but not exceeding £117.17

£10.71 plus 23% of earnings exceeding £77.93

Exceeding £117.17

£19.73 plus 50% of earnings exceeding £117.17

*When applying a percentage the calculation should be done to two decimal places of a penny and the result...

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