This is a preview. To continue reading, register for free access now. Register now or Log in

Pay and benefits: key differences in Scotland and Northern Ireland

Updating authors: Ian Holloway and Nicky Stibbs, consultant editor (Scotland): Gillian MacLellan, consultant editor (Northern Ireland): Gareth Walls

Brightmine editor: Zuraida Curtis

Scotland

Court orders

The Attachment of Earnings Act 1971 does not apply in Scotland. The Debtors (Scotland) Act 1987 is the governing legislation. Under this, the following may be issued:

  • an earnings arrestment (civil debt, fine or unpaid council tax);
  • a current maintenance arrestment (payment of unpaid maintenance); and
  • a conjoined arrestment order (debtor has more than one earnings arrestment or current maintenance arrestment).

If an employer receives a second earnings arrestment or current maintenance arrestment, this should be returned and the creditor can apply for the two debts to be combined into a conjoined arrestment order.