Section 22 — Release of vehicle from attachment

Debt Arrangement and Attachment (Scotland) Bill: Stage 3 – in the Scottish Parliament at 4:45 pm on 13th November 2002.

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Photo of Kenneth Gibson Kenneth Gibson Scottish National Party

Amendment 58 would increase the time that is given to sell an attached vehicle. The bill allows 14 days, but as many members know, that is unlikely to be sufficient time to sell a vehicle successfully. A sale in such circumstances would be unlikely to generate the best price, which would be to the detriment of the debtor and the creditor. With 28 days, more time would be allowed to sell the vehicle at a good price, which would assist both parties. The debtor would realise the best sum to set against their debt and the creditor would receive more.

I move amendment 58.

Photo of Richard Simpson Richard Simpson Labour

Section 22 protects vehicles from attachment in some circumstances, for example, when the car is necessary for the owner to travel to work or to reach regular medical treatment in a rural area that is not serviced by public transport. The sheriff has discretion to decide when holding an auction would qualify as undue harshness, according to the debtor's circumstances. That section is based on a Scottish Law Commission recommendation.

When a vehicle's value is more than £1,000, section 22(3) allows the sheriff to order its sale. Section 22(5) means that if a vehicle cannot be sold in 14 days, the vehicle's attachment will cease to have effect.

Amendment 58 would increase the time limit from 14 days to 28 days. That would decrease the debtor's protection, because if the vehicle is not sold within the time limit, the attachment ceases to have effect and the vehicle reverts to the debtor's possession. Amendment 58 should be rejected.

Photo of Kenneth Gibson Kenneth Gibson Scottish National Party

There is a balance to be struck. For the reasons that I have given, I think that 28 days is a reasonable time and would protect the debtor and the creditor. I will press amendment 58.

Photo of George Reid George Reid Scottish National Party

The question is, that amendment 58 be agreed to. Are we agreed?

Members:

No.

Division number 18

For: Adam, Brian, Campbell, Colin, Canavan, Dennis, Crawford, Bruce, Ewing, Dr Winnie, Ewing, Fergus, Ewing, Mrs Margaret, Gibson, Mr Kenneth, Grahame, Christine, Hamilton, Mr Duncan, Harper, Robin, Hyslop, Fiona, Ingram, Mr Adam, Lochhead, Richard, MacAskill, Mr Kenny, MacDonald, Ms Margo, Marwick, Tricia, Matheson, Michael, McGugan, Irene, McLeod, Fiona, Morgan, Alasdair, Neil, Alex, Paterson, Mr Gil, Quinan, Mr Lloyd, Robison, Shona, Sheridan, Tommy, Sturgeon, Nicola, Swinney, Mr John, Ullrich, Kay, Welsh, Mr Andrew, White, Ms Sandra, Wilson, Andrew
Against: Alexander, Ms Wendy, Baillie, Jackie, Barrie, Scott, Boyack, Sarah, Brankin, Rhona, Brown, Robert, Butler, Bill, Chisholm, Malcolm, Craigie, Cathie, Curran, Ms Margaret, Deacon, Susan, Douglas-Hamilton, Lord James, Eadie, Helen, Ferguson, Patricia, Fergusson, Alex, Fitzpatrick, Brian, Fraser, Murdo, Gallie, Phil, Gillon, Karen, Godman, Trish, Goldie, Miss Annabel, Gorrie, Donald, Grant, Rhoda, Gray, Iain, Harding, Mr Keith, Henry, Hugh, Home Robertson, Mr John, Hughes, Janis, Jackson, Dr Sylvia, Jackson, Gordon, Jamieson, Cathy, Jamieson, Margaret, Jenkins, Ian, Johnstone, Alex, Kerr, Mr Andy, Lamont, Johann, Livingstone, Marilyn, Lyon, George, Macdonald, Lewis, Macintosh, Mr Kenneth, MacKay, Angus, Maclean, Kate, Macmillan, Maureen, Martin, Paul, McAllion, Mr John, McAveety, Mr Frank, McCabe, Mr Tom, McIntosh, Mrs Lyndsay, McLeish, Henry, McLetchie, David, McMahon, Mr Michael, McNeil, Mr Duncan, McNeill, Pauline, McNulty, Des, Monteith, Mr Brian, Morrison, Mr Alasdair, Muldoon, Bristow, Mulligan, Mrs Mary, Munro, John Farquhar, Murray, Dr Elaine, Oldfather, Irene, Peacock, Peter, Peattie, Cathy, Radcliffe, Nora, Raffan, Mr Keith, Robson, Euan, Rumbles, Mr Mike, Scanlon, Mary, Scott, John, Scott, Tavish, Simpson, Dr Richard, Smith, Iain, Smith, Mrs Margaret, Stephen, Nicol, Stone, Mr Jamie, Thomson, Elaine, Tosh, Mr Murray, Watson, Mike, Whitefield, Karen, Wilson, Allan, Young, John

Photo of George Reid George Reid Scottish National Party

The result of the division is: For 32, Against 81, Abstentions 0.

Amendment 58 disagreed to.