Diligence Update – Money Attachment

The AiB Policy development team would like to advise all stakeholders of changes to diligence that have come into force, or will come into force in the near future.

Money Attachment

The new diligence of money attachment, introduced by Part 8 of the Bankruptcy and Diligence etc. (Scotland) Act 2007, was commenced by SSI 2009/369 on 23 November 2009. This diligence may be used to attach money (cash and banking instruments) held on a debtor's premises. The court forms to be used in money attachment are prescribed in the Act of Sederunt (Money Attachment Rules) 2009.

Inhibition

Minor amendments will be made to forms relating to inhibition in the Diligence (Scotland) (Amendment) Regulations 2009, which come into force on 7 December 2009. These changes, made by SSI 2009/396, amend certain forms where the need for clarification has been identified in practice.

Earnings Arrestment

The tables used by employers to calculate deductions for employees subject to diligence against earnings will change on 6 April 2010. The Diligence against Earnings (Variation) (No. 2) (Scotland) Regulations 2009) will introduce a revised set of tables that change the method that employers will use to calculate deductions. The revised tables are detailed in SSI 2009/395. Please see the summary of key changes for further information on diligence changes, as well as an update on the ongoing work of the AiB Policy Development Team generally.

If you require further information, please contact the Accountant in Bankruptcy by telephone on 0845 762 6171 or via the website using our contact us form.