Notes for Guidance - Bankruptcy (Scotland) Act 2016 (as amended)

Trustees should have regard to the effects of the Debt Arrangement and Attachment (Scotland) Act 2002.

Section 11(1) lists those items kept out with a dwelling house which are exempted from attachment which is shown at section 7.15.1.

Such articles are expressly exempted from vesting in terms of Section 88(1) of the Debt Arrangement and Attachment (Scotland) Act.

7.15.1 Articles kept outside a dwelling house

• any implements, tools of trade, books or other equipment reasonably required for the use of the debtor in the practice of the debtor’s profession, trade or business and not exceeding in aggregate value £1,000 or such amount as may be prescribed in regulations made by the Scottish Ministers
• any vehicle, the use of which is so reasonably required by the debtor, not exceeding in value £3,000
• a mobile home which is the debtor’s only or principal residence
• any tools or other equipment reasonably required for the purpose of keeping in good order and condition any garden or yard adjacent to, or associated with, a dwelling house in which the debtor resides 

7.15.2 Articles kept in a dwelling house

• articles with sentimental value the aggregate of which do not exceed £150
• articles exempted under Section 88(1)(a) of the Act, listed above
• clothing reasonably required for the use of the debtor or any member of the debtor’s household
• implements, tools of trade, books or other equipment reasonably required for the use of any member of the debtor’s household in the practice of such member’s profession, trade or business, not exceeding in aggregate value £1000
• medical aids or medical equipment reasonably required for the use of the debtor or any member of the debtor’s household
• books or other articles reasonably required for the education or training of the debtor or any member of the debtor’s household not exceeding in aggregate value £1000
• articles reasonably required for the care or upbringing of a child who is a member of the debtor’s household
• toys for the use of any child who is a member of the debtor’s household

The following articles belonging to a debtor shall be exempt from attachment if they are at the time of the attachment for the use of the debtor or a member of their household:

• beds or bedding
• household linen
• chairs or settees
• tables
• food
• lights or light fittings
• heating appliances
• curtains
• floor coverings
• furniture, equipment or utensils used for storing, cooking or eating food
• refrigerators
• articles used for cleaning, drying, mending, or pressing clothes
• articles used for cleaning the dwelling house
• furniture used for storing:
  • clothing, bedding or household linen
  • articles used for cleaning the dwelling house
  • utensils used for cooking or eating food
• articles used for safety in the dwelling house
• tools used for maintenance or repair of the dwelling house or of household articles
• computers and accessory equipment
• microwave ovens
• radios
• telephones
• televisions