The Enforcement of Fines (Diligence) (Scotland) Regulations 2008
| Jurisdiction | Scotland |
| Citation | SSI 2008/104 |
| Year | 2008 |
2008 No. 104
CRIMINAL LAW
The Enforcement of Fines (Diligence) (Scotland) Regulations 2008
Made 6th March 2008
Laid before the Scottish Parliament 7th March 2008
Coming into force 1st April 2008
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 226F(6) and (7) of the Criminal Procedure (Scotland) Act 19951and all other powers enabling them to do so.
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Enforcement of Fines (Diligence) (Scotland) Regulations 2008 and come into force on 1st April 2008.
(2) In these Regulations “FEO” means a fines enforcement officer2.
Arrestment of earnings
2. Where an FEO executes an arrestment of earnings, the application of the provisions of the following enactments shall be modified–
(a) section 7(1)(a) of the Sheriff Courts (Scotland) Extracts Act 18923(import of the warrant for execution) to dispense with the requirement for service of a charge for payment; and
(b) the Debtors (Scotland) Act 1987–
(i) section 50(3) (review of earnings arrestment) to allow an FEO to make an application to the sheriff seeking a determination of any dispute as to the operation of such an arrestment of earnings;
(ii) section 57(4) (creditor’s duty when arrestment ceases to have effect) to extend the duty on creditors to inform the offender’s employer when such an arrestment of earnings ceases to have effect to FEOs;
(iii) section 65(1)(b) (operation of conjoined arrestment order) to allow an FEO who executed an arrestment of earnings which is being enforced by a conjoined arrestment order to make an application to the sheriff seeking the determination of any dispute as to the operation of the conjoined arrestment order;
(iv) section 66(2)(b) and (6) (recall and variation of conjoined arrestment order) to allow an FEO who executed an arrestment of earnings which is being enforced by a conjoined arrestment order to make an application to the sheriff seeking the recall or variation of the order;
(v) section 70C4(creditor’s duty to provide information) to extend the duty on creditors to provide information to FEOs;
(vi) section 90(1) (provisions relating to charges for payment) shall have no application; and
(vii) section 106 (interpretation) to extend the meaning of “officer of court” for the purposes of section 70 to FEOs.
Arrestment in execution
3.—(1) Where an FEO executes an arrestment of funds standing in accounts held at any bank or other financial institution–
(a)
(a) the application of sections 1 and 2 of the Execution of Diligence (Scotland) Act 19265shall be modified so as to extend to an FEO the authority to execute the arrestment in execution;
(b)
(b) it shall be competent for an FEO to enforce payment of more than one relevant penalty payable to him by the same offender by means of a single arrestment in execution, whether the arrestment is executed in pursuance of the same warrant or of 2, or more, different warrants authorising diligence; and
(c)
(c) on the cessation of an arrestment in execution, following either the payment of the relevant penalty or the recall of the arrestment, the FEO shall, as soon as is reasonably practicable, inform the arrestee in writing that this is the case.
(2) In this regulation–
“arrestee” means a bank or other financial institution with which an offender has an account in respect of which an arrestment in execution has been carried out; and
“relevant penalty” has the meaning given in section 226I of the Criminal Procedure (Scotland) Act 1995.
KENNY MACASKILL
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
6th March 2008
(This note is not part of the Regulations)
Sections 226A to 226I of the...
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