Certificate of Execution

Designation of Person Accepting Service of Inhibition on Behalf of the Debtor

In the 2009 Regulations - The Diligence (Scotland) Regulations 2009 (SSI 2009/68) as amended by The Bankruptcy and Diligence etc. (Scotland) Act 2007 (Inhibition) Order 2009 (SSI 2009/129) and The Diligence (Scotland) Amendment Regulations 2009 (SSI 2009/396) - there is a requirement to specify separately:

The name of the person with whom the schedule is left;
That person’s designation;
The place where the schedule was left.

‘Designation’ generally means that there must be sufficient information to distinguish the person from any other person of the same name.

That might be the person’s address if they are the only person of that name living there (meaning that if there is two people in the house with the same name they should opt for a relationship designation rather than an address designation) OR that they are the son, daughter, husband, wife etc of the debtor if that is the case OR they can state both relationship designation and address designation (but one or the other is sufficient). But it is a separate requirement from stating the place where the schedule is left.

Useful links

Register of Inhibitions User Guides

Register of Inhibitions - Reference Materials

Register of Inhibitions

Inhibitions

Although the SSIs state this person must be named, Messengers-at-Arms and Sheriff Officers have advised that this person has the right to refuse to give his/her name. Provided the second and third requirements have been met (and there is a reference within the Certificate of Execution that the name was refused/withheld) the Certificate of Execution is deemed to be competent.

Notwithstanding this, Messengers-at-Arms and Sheriff Officers have also advised that when edictal service and service at the sheriff clerk’s office occurs, naming is required.

Mode of service, second statement

In the first example, the designation is 'father' and the place where the schedule has been left is narrated as 'at 5 Crown Street, Paisley'.

By leaving the schedule of inhibition and, (where the debtor is an individual), a Debt Advice and Information Package as defined by Section 10(5) of the Debt Arrangement and Attachment (Scotland) Act 2002, with John Brown, father, at 5 Crown Street, Paisley on (date). (Specify that enquiry was made and that reasonable grounds exist for believing that the person on whom service is to be made resides at the place but is not available).

It may also be acceptable for the designation to be resident, inmate, wife, husband, partner or another word to identify that the person resides at the same address as the debtor.

In the following example, John Brown is designed as 'residing at 5 Crown Street, Paisley' and the place where the schedule has been left is narrated as 'at 5 Crown Street, Paisley'.

By leaving the schedule of inhibition and, (where the debtor is an individual), a Debt Advice and Information Package as defined by Section 10(5) of the Debt Arrangement and Attachment (Scotland) Act 2002, with John Brown, residing at 5 Crown Street, Paisley, at 5 Crown Street, Paisley on (date). (Specify that enquiry was made and that reasonable grounds exist for believing that the person on whom service is to be made resides at the place but is not available).

Mode of service, fourth statement

It is acceptable for the person receiving service, on behalf of the debtor, at his place of business, to be designed by his/her employment status at the company/firm.

In this example the schedule has been left with John Brown, designed as 'receptionist' and his place of business is 'at Acme Window Company, 5 Crown Street, Paisley'.

By leaving the schedule of inhibition and, (where the debtor is an individual) a Debt Advice and Information Package as defined by Section 10 (5) of the Debt Arrangement and Attachment (Scotland) Act 2002, with John Brown, receptionist, at Acme Window Company, 5 Crown Street, Paisley on (date). (Specify that enquiry made and that reasonable grounds exist for believing that the person on whom service is to be made carries on a business at the place).

Mode of service for edictal execution

The person accepting service at the Court of Session should be designed with their job title, e.g. Admin Officer. In this example the schedule was left with John Brown whose job title is Administrative Officer, designed 'at the office of the Extractor of the Court of Session, Parliament Square, Edinburgh'. A copy of the schedule was also sent 'by registered post or first class recorded delivery service'.

Edictally by leaving the schedule of inhibition and (where the debtor is an individual) a Debt Advice and Information Package as defined by Section 10(5) of the Debt Arrangement and Attachment (Scotland) Act 2002), with John Brown, Administrative Officer, at the office of the Extractor of the Court of Session, Parliament Square, Edinburgh on 10 January 2010 and sending a copy of the schedule and the said Debt Advice and Information Package by registered post or first class recorded delivery service to (name and address of residence, registered office, official address or place of business or such last known place) on (date).

Mode of service for sheriff clerk office

The person accepting service at the Sheriff Clerk’s office should be designed with their job title, e.g. Sheriff Clerk, Depute Sheriff Clerk, Admin Office etc. In this example the schedule was left with John Brown whose job title is Sheriff Clerk Depute, designed 'at the office of the Sheriff Clerk'. A copy of the schedule was also sent 'by first class post'.

By leaving the Schedule of Inhibition and (where the debtor is an individual) a Debt Advice and Information Package as defined by Section 10(5) of the Debt Arrangement and Attachment (Scotland) Act 2002. with John Brown, Sheriff Clerk Depute, at the office of the Sheriff Clerk at (place) on (date) and sending a copy of the Schedule and the said Debt Advice and Information Package by first class post to (defender’s last known address) on (date).