
1 
This Order may be cited as the Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No. 5 and Transitional) Order 2009.
2 
In this Order, “the Act” means the Bankruptcy and Diligence etc. (Scotland) Act 2007.
3 

(1) The following provisions of the Act, in so far as not already in force, come into force on 23rd November 2009:—
(a) Part 8 and schedule 3 (money attachment); and
(b) section 226(1) in so far as relating to the provisions of schedule 5 (minor and consequential amendments) commenced by this Order.
(2) The minor and consequential amendments in schedule 5 specified in column 1 of the Schedule to this Order, in so far as not already in force, come into force on 23rd November 2009, subject to paragraph (3).
(3) Where in the Schedule to this Order a purpose is specified in column 2 in relation to an amendment, it comes into force only for that purpose, but where no purpose is specified it comes into force for all purposes (in so far as not already in force).
4 

(1) Any reference to a “judicial officer” in, or having effect by virtue of, any provision of the Act commenced by this Order is to be read as a reference to a messenger-at-arms or a sheriff officer (or a reference to a messenger-at-arms and a sheriff officer as the case may be).
(2) This article ceases to have effect on the day to be appointed for the coming into force of section 60 of the Act (abolition of offices of messenger-at-arms and sheriff officer).
FERGUS EWING
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
27th October 2009
SCHEDULE
Article 3(2) and (3)


Column 1 – provisions Column 2 – purpose
1. Paragraph 1 (the Companies Clauses Consolidation (Scotland) Act 1845) 
2. Paragraph 2 (the Harbours, Docks and Piers Clauses Act 1847) 
3. Paragraph 4 (the Writs Execution (Scotland) Act 1877) For the purposes of inserting references to money attachment
4. In paragraph 6 (the Sheriff Courts (Scotland) Extracts Act 1892)— 
 (a) sub-paragraph (1) For the purposes of the provisions commenced in this Order
 (b) sub-paragraph (2) For the purposes of inserting references to money attachment
5. Paragraph 8 (the Local Government (Scotland) Act 1947) 
6. Paragraph 9 (the Taxes Management Act 1970) 
7. Paragraph 10 (the Sheriff Courts (Scotland) Act 1971) For the purpose of substituting “, a money attachment”
8. In paragraph 13 (the Bankruptcy (Scotland) Act 1985)— 
 (a) sub-paragraph (1) For the purposes of the provisions commenced in this Order
 (b) sub-paragraph (3)(c)(i) and (d)(i), (iii) and (iv) For the purposes of inserting “, money attachment”
9. Paragraph 15 (the Legal Aid (Scotland) Act 1986) 
10. In paragraph 16 (the Debtors (Scotland) Act 1987)— 
 (a) sub-paragraph (1) For the purposes of the provisions commenced in this Order
 (b) sub-paragraph (2)(a) For the purposes of inserting “(v) a money attachment”
 (c) sub-paragraph (4) For the purposes of the substitution of section 5(5)(aa) of the 1987 Act
 (d) sub-paragraph (7)(a)(iii) 
   
 (e) sub-paragraph (8)(a) For the purposes of inserting “(v) a money attachment”
 (f) sub-paragraph (11)(a) and (b) For the purposes of inserting “, a money attachment”
11. Paragraph 17 (the Abolition of Domestic Rates (Scotland) Act 1987) 
12. Paragraph 19 (the Social Security Administration Act 1992) 
13. Paragraph 20 (the Local Government Finance Act 1992) 
14. Paragraph 23 (the Criminal Procedure (Scotland) Act 1995) 
15. Paragraph 24 (the Finance Act 1997) 
16. In paragraph 26 (the Water Industry (Scotland) Act 2002)— 
 (a) sub-paragraph (1) For the purposes of the provisions commenced in this Order
 (b) sub-paragraph (2) 
 (c) sub-paragraph (3) For the purposes of the insertion of the reference to section 196(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (expenses of money attachment)
17. In paragraph 30 (the Debt Arrangement and Attachment (Scotland) Act 2002)— 
 (a) sub-paragraph (1) For the purposes of the provisions commenced in this Order
 (b) sub-paragraph (3) 
18. Paragraph 32 (the Finance Act 2003) 