Test 4 Flashcards
Under what legislation would you find the forms for service with a petition under the Adoption and Children (Scotland) Act 2007?
Act of Sederunt (Sheriff Court Rules Amendment) (Adoption and Children (Scotland) Act 2007) 2009
What forms would be served with the foregoing upon the father of the child with no parental rights or responsibilities?
6 and 8
What primary legislation deals with Child Protection Orders?
Childrens Hearings (Scotland) Act 2011
What is the judicial rate of interest?
8%
What are the days of a charge where the defender resides in Wales?
14
Where would you find the prescribed form for a summary cause charge for payment?
Act of Sederunt (Form of Charge for Payment) 1988
Which act introduced the availability of serving an inhibition under a Sheriff Court decree?
The Bankruptcy and Diligence etc (Scotland) Act 2007
From what date does an inhibition take effect if a notice of inhibition is registered prior to service?
The day it is served
When does an inhibition prescribe?
5 years
What fee is chargeable by an employer for every deduction made under an earnings arrestment?
£1
What is the prescribed form for an earnings arrestment?
30
What is the wording printed on the face of an envelope containing an earnings arrestment?
THIS LETTER CONTAINS AN EARNINGS ARRESTMENT SCHEDULE. IF DELIVERY CANNOT BE MADE AT THE ADDRESS SHOWN IT IS TO BE RETURNED IMMEDIATELY TO
List 3 things that are not classed as earnings:
Redundancy payments
Occupational pensions
Armed forces wages
Disability pension/allowance
Wages of seaman
What requirements must be in place for a current maintenance arrestment to be lodged?
must receive notice Form 37
must revive a DAIP
must be due at least 1 payment
To which court is a conjoined arrestment order application made?
The court having jurisdiction over the employer
