– Scottish Parliament written question – answered at on 20 March 2003.

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Photo of Johann Lamont Johann Lamont Labour

Question S1W-34340

To ask the Scottish Executive whether it has any plans to introduce legislation to ensure that funds specifically exempt from arrestment such as social security benefits and working families' tax credits cannot be arrested by sheriff officers if these funds are contained within a bank account.

Photo of Jim Wallace Jim Wallace Liberal Democrat

The Scottish Executive is committed to continuing the existing principle of protecting subsistence levels of income from arrestment. It recognises that there can be practical difficulties in achieving this when benefits are paid direct into a bank account, and it consulted on possible ways to tackle this issue in the consultation document Enforcement of Civil Obligations in Scotland in April 2002. An independent analysis of the responses was published in November 2002. Both these documents are available on the Scottish Executive website at:

http://www.scotland.gov.uk/consultations/justice/CivOb-00.asp. and


Views were divided on the question, and the Executive is now working to find a practical solution. It is intended to come forward with proposals in due course: but decisions on the way forward will be for the future administration following the elections in May 2003.

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