Section 30 — Disposal of proceeds of auction

Debt Arrangement and Attachment (Scotland) Bill: Stage 3 – in the Scottish Parliament at 5:00 pm on 13th November 2002.

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Photo of Kenneth Gibson Kenneth Gibson Scottish National Party

Amendment 62 seeks to ensure that the principal debt is paid off before the fees of sheriff officers are paid. One of the complaints that was made about poindings and warrant sales was that they often did not clear the debt; the money went to pay sheriff officers. Amendment 62 would ensure that the opposite happens.

When an item is not sold at an auction the creditor has the right to claim it. When the creditor claims it, under section 30(2), the value of the article is credited against the sum recoverable. Amendment 65 would ensure that the value of the article is credited even when the creditor does not bother to claim the article.

I move amendment 62.

Photo of Richard Simpson Richard Simpson Labour

Section 30(1) provides for the proceeds of the auction to be applied in a particular order: first they go to meet the expenses of the enforcement procedure and then they go to the creditor to meet the debt, with any surplus paid to the debtor. When the sum due is not realised, ownership of any unsold articles will pass to the creditor, in which case their value will be credited against the debt due, under section 30(2).

We believe that amendment 62 is unnecessary. When the expenses chargeable against the debtor cannot be recovered from the debtor, the creditor who instructed the attachment is always liable for them.

Amendment 65 would both return to the debtor the attached assets, which had not been uplifted, and reduce the debt by their value. That would benefit the debtor twice and would not achieve a fair balance.

Amendment 62 should be withdrawn or, failing that, rejected, and amendment 65 should not be moved.

Photo of George Reid George Reid Scottish National Party

The question is, that amendment 62 be agreed to. Are we agreed?

Members:

No.

Division number 21

For: Adam, Brian, Campbell, Colin, Crawford, Bruce, Ewing, Dr Winnie, Ewing, Fergus, Ewing, Mrs Margaret, Gibson, Mr Kenneth, Grahame, Christine, Hamilton, Mr Duncan, 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, Russell, Michael, 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, Canavan, Dennis, Chisholm, Malcolm, Craigie, Cathie, Curran, Ms Margaret, 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
Abstentions: Harper, Robin

Photo of George Reid George Reid Scottish National Party 5:15 pm, 13th November 2002

The result of the division is: For 31, Against 81, Abstentions 1.

Amendment 62 disagreed to.

Amendments 63 and 64 moved—[Dr Richard Simpson]—and agreed to.

Amendment 65 moved—[Mr Kenneth Gibson].

Photo of George Reid George Reid Scottish National Party

The question is, that amendment 65 be agreed to. Are we agreed?

Members:

No.

Division number 22

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, Russell, Michael, 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, 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, Whitefield, Karen, Wilson, Allan, Young, John

Photo of George Reid George Reid Scottish National Party

The result of the division is: For 32, Against 79, Abstentions 0.

Amendment 65 disagreed to.