Since our last update we have seen further restrictions being lifted as our country slowly begins to get back to normal. We have now moved into phase 3 of the Scottish Government route-map which in turn means the phase 3 guidance issued by the Society of Messengers-at-Arms & Sheriff Officers also comes into effect:
This marks a further resumption of justice system processes and services. Enforcement should recommence of Attachments, Money Attachments, Ejections and Exceptional Attachment Orders.”
Obviously, the caveats around the latest Public Health Guidance continue to apply and of course the phases can go backwards as well as forward, however we welcome this further suppression of the virus which allows for these steps to take place. Whilst we anticipate it will still be some time before everything is fully back to normal, given that many businesses are still closed and staff furloughed, we can now see some light at the end of the tunnel.
There are a number of matters introduced by legislation which remain in effect until at least 30 September 2020 and are worth bringing to your attention.
Coronavirus (Scotland) Act 2020
Schedule 1 – Eviction of tenants from dwelling houses
Schedule 2 – Moratorium on Diligence
Coronavirus (Scotland)(No.2) Act 2002
Corporate Insolvency & Governance Act 2020
In addition to the above legislation for those regulated by the Financial Conduct Authority there has been guidance issued in relation to Mortgages, Credit Cards, Personal Loans and Motor Finance.
The full guidance for Sheriff Officers can be found at www.smaso.org or we can email you a copy if required.
We recognise that given the disruption of the last few months some matters will need a particular approach where there are specific issues which have arose due to lockdown. In these circumstances we value taking the time to discuss the case and plan appropriately. If you wish to discuss any of these matters please do not hesitate to contact us.
In relation to urgent and time-bar cases the following emergency contact numbers are available; Alex Irvine – 07519096697 and Andrew Fraser – 07775852946Posted on 14th Jul, 20