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- What does section 47(1) actually require an employer to do?
- Which figure is the deduction calculated on?
- Which table applies, and what are the current thresholds?
- When does the duty begin, and when does it end?
- What is an employer liable for if the arrestment is not operated?
- What has an employer no power to do?
- What happens where more than one deduction lands on the same employment?
- Where do the employee's rights sit alongside the employer's duty?
- Related guides
- Frequently asked questions
Deduct a sum calculated in accordance with the Debtors (Scotland) Act 1987 from the employee’s net earnings on every pay day, and pay each sum deducted to the creditor as soon as is reasonably practicable. Section 47(1) puts that duty on the employer the schedule is served on.
The duty is owed because the schedule was served, not because the employee agreed to anything. It starts on the date of service and runs while the arrestment has effect.
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An employer who does not operate a valid earnings arrestment becomes liable for the sums that should have been deducted. That is the whole of the risk in one line.
Here is the duty in order, the figure it is calculated on, and the things an employer has no power over. How does a wage arrestment work in Scotland covers the mechanism from the other side of the payslip.
What does section 47(1) actually require an employer to do?
Deduct a sum calculated in accordance with sections 49 and 49A of the Act from the debtor’s net earnings on every pay day, and pay any sum so deducted to the creditor as soon as is reasonably practicable. Those words set the whole standard.
The duty in order, with the source of each step
| In order | What the employer must do | Where it comes from |
|---|---|---|
| 1 | Treat the arrestment as taking effect on the date the schedule is served on you | s.47(2) |
| 2 | Work out the employee's net earnings for the pay period, by taking off the four deductions the definition names and no others | s.73(1) |
| 3 | Apply the Schedule 2 table that matches the pay frequency you actually pay on | Schedule 2, substituted from 6 April 2025 |
| 4 | Deduct the sum that table produces, on every pay day | s.47(1) |
| 5 | Pay each deducted sum to the creditor as soon as is reasonably practicable | s.47(1) |
| 6 | Deduct nothing for a period whose net earnings fall in the nil band, and pick the calculation up again at the next pay day | Schedule 2 with s.47(1) |
| 7 | Stop when the arrestment ceases to have effect | s.47(2) |
The Part of the Debtors (Scotland) Act 1987 that contains section 47 also contains the current maintenance arrestment and the conjoined arrestment order, which is why the same vocabulary keeps appearing across all three.
Every pay day is the phrase that does the work
The obligation is not a single payment. It attaches to each pay day that falls while the arrestment has effect, and it is recalculated each time.
So a rise, a bonus period or a short month all change that period’s figure. The employer applies the table again rather than repeating last period’s number.
As soon as is reasonably practicable is a standard, not a diary date
The subsection fixes the timing of the payment over to the creditor by that phrase. It does not give payroll a discretion about whether to pay it over at all.
The document that starts all of this is the schedule, and what an earnings arrestment schedule is covers what it is and who serves it.
Which figure is the deduction calculated on?
Net earnings, which is a defined figure rather than take-home pay. Section 73(1) reaches it by taking four deductions off the pay for the period and no others.
The four deductions, and nothing else
They are income tax, National Insurance primary class 1 contributions, pension scheme contributions, and a child maintenance deduction from earnings order that has priority over diligences against earnings. What counts as net earnings sets out each one with the paragraph it sits in.
Student loan repayments, union dues, other attachments and the employer’s own administration charge are not among the four deductions that produce net earnings. So none of them reduces the figure the table is applied to.
The order of operations in one pay period
| Step | What happens | Where it comes from |
|---|---|---|
| 1 | Start from the pay for the period | Gross pay is not the figure the table is applied to |
| 2 | Take off income tax, National Insurance primary class 1 contributions, pension scheme contributions and a priority child maintenance deduction from earnings order | s.73(1)(a) to (d) |
| 3 | The figure you are left with is net earnings | s.73(1) |
| 4 | Apply the Schedule 2 table for the pay frequency to that figure | This produces the sum to be deducted |
| 5 | Optionally take the £1.00 administration charge from the employee's pay | A charge the employer may take, after the deduction has been calculated |
| 6 | Pay the deducted sum to the creditor | s.47(1), as soon as is reasonably practicable |
Step five sits after the calculation, not before it, and why an arrestment takes more than expected runs through what that does to the figure.
The £1.00 administration charge
An employer may deduct £1.00 per deduction as an administration charge. It comes out of the employee’s pay on top of the arrested amount rather than out of what the creditor receives.
Sheriff officer expenses work differently again, and whether sheriff officer fees are added to the balance covers where they sit.
Which table applies, and what are the current thresholds?
The table that matches the frequency the employee is actually paid on, from Schedule 2 to the 1987 Act as substituted by the Diligence against Earnings (Variation) (Scotland) Regulations 2024, in force since 6 April 2025.
The nil bands as they stand
Net earnings not exceeding £750.00 a month, £172.61 a week or £24.66 a day produce no deduction, on the figures in force since 6 April 2025 under the Diligence against Earnings (Variation) (Scotland) Regulations 2024. How much they can take from your wages sets out every band above them.
Net monthly earnings of £1,800.00 produce £172.50 for that month, and net weekly earnings of £400.00 produce £36.85. The protected earnings limits covers the thresholds on their own.
Fortnightly pay and rounding
There is no fortnightly table. Fortnightly pay is normally handled using the daily table, or by applying the weekly table to each week in the period, following your own payroll guidance.
Calculations run to two decimal places of a penny and are then rounded to the nearest whole penny, with an exact half penny rounded down.
A nil period does not end anything
Where the period’s net earnings fall in the nil band the deduction is nil and the arrestment carries on. What happens if you earn below the threshold covers the point from the employee’s side.
Employee struggling with the deduction? Point them at free, confidential help
When does the duty begin, and when does it end?
It begins on the date of execution, which is service of the schedule on the employer. Under section 47(2) it runs until the debt is paid or otherwise extinguished, until the employee ceases to be employed by that employer, or until the arrestment is recalled or abandoned.
The precondition that sits behind service
An earnings arrestment does not take effect unless the creditor gave you a debt advice and information package no earlier than 12 weeks before the schedule was served, under section 47(3).
That precondition attaches to the creditor and to the service, not to payroll. It is worth knowing about because it is part of what makes a schedule effective.
The statutory routes that end one early
An approved Debt Payment Programme under the Debt Arrangement Scheme stops an existing earnings arrestment and freezes interest, fees and charges.
Sequestration ends one on the date of sequestration under section 72(2) of the 1987 Act, and a protected trust deed ends one on the date of protection under the Bankruptcy (Scotland) Act 2016.
Where a sheriff grants a time to pay order, the sheriff must recall any existing earnings arrestment. Whether an application is competent on a particular set of facts is a question for a money adviser or the sheriff clerk.
Where a statutory moratorium sits
A statutory moratorium is the exception to that pattern.
It does not stop an earnings arrestment that was already running. Section 197(5)(d) of the Bankruptcy (Scotland) Act 2016 lets a creditor carry on executing an earnings arrestment, a current maintenance arrestment or a conjoined arrestment order that came into effect before the moratorium began.
When the employee leaves
The arrestment falls with that employment under section 47(2), and tracing a new employer sits with the creditor. What happens if you leave your job and whether a new employer has to continue one take each side of that in turn.
What is an employer liable for if the arrestment is not operated?
The sums that should have been deducted. Refusing to comply moves the cost from the employee to the business rather than making the money uncollectable.
Ignoring a schedule does not help the employee
The debt is unaffected and the creditor’s authority is unaffected. What changes is who is out of pocket.
The same is true of a delay while somebody looks into it. The duty runs from service, and each pay day that passes is a deduction that should have been made.
A genuine query is a different thing from a refusal
Where the arrestment does not relate to your business or to anyone on your payroll, put the point in writing to the creditor, or to the sheriff officer firm that served it. What an employer should do if they receive an arrestment schedule sets out how that runs alongside the duty.
What has an employer no power to do?
Reduce the deduction, pause it, or apply an affordability test to it. The sum comes from the statutory tables, and the only review power is section 50, which carries no affordability or hardship ground.
The things payroll gets asked for and cannot give
| What an employer might be asked to do | The position | Where it comes from |
|---|---|---|
| Reduce the deduction because the employee cannot afford it | The sum comes from the statutory tables and no one in payroll has a discretion over it | Schedule 2; s.50 carries no affordability ground |
| Pause it while the employee talks to the creditor | The duty runs on every pay day for as long as the arrestment has effect | s.47(1) with s.47(2) |
| Spread it more gently over later periods | Each period's deduction is worked out on that period's own net earnings | Schedule 2 |
| Stop because the employee has applied for a debt solution | An arrestment ends on the date the route actually bites rather than the date of an application | s.72(2) of the 1987 Act; Bankruptcy (Scotland) Act 2016 |
| Stop because a statutory moratorium has begun | A moratorium does not stop an earnings arrestment that was already running | s.197(5)(d), Bankruptcy (Scotland) Act 2016 |
| Recover more than the £1.00 charge for the work | That is the administration charge an employer may take per deduction | Taken from the employee's pay on top of the arrested sum |
| Treat the arrestment as a conduct or performance matter | There is no law allowing dismissal for having a wage arrestment | Employment law rather than the 1987 Act |
Where affordability actually goes
The unduly harsh test in sections 73Q and 73R reaches funds and moveable property rather than wages, so it is not a route against a deduction from pay. What an unduly harsh application is sets out what it does reach.
An employee who cannot manage the deduction needs one of the statutory routes rather than a conversation with payroll. How you stop a wage arrestment in Scotland sets those out, and stopping one that has already started covers the position mid-arrestment.
What happens where more than one deduction lands on the same employment?
Only one diligence against earnings can operate against the same employment at a time. A current maintenance arrestment is the exception and can run alongside an ordinary earnings arrestment.
A second ordinary creditor cannot simply add another schedule
They have to apply for a conjoined arrestment order, which the sheriff clerk administers. The employer then pays the sheriff clerk, who distributes the money among the creditors.
Whether you can have more than one at the same time works through the combinations, and the sheriff court service is where the conjoined order is applied for.
Priority, and three floors that are not the same floor
A child maintenance deduction from earnings order comes off before net earnings are computed where the child support regulations give it priority over diligences against earnings. Which arrestment takes priority sets out the full sequence.
The 60% retained earnings rule belongs to a direct earnings attachment and a child maintenance order, and an earnings arrestment has a fixed cash nil band instead. The employer’s guide to direct earnings attachments sets out that side, and what a direct earnings attachment is covers how it differs from an arrestment.
Where do the employee's rights sit alongside the employer's duty?
The duty to deduct is owed to the creditor and says nothing about the employment itself. There is no law allowing an employer to dismiss someone for having a wage arrestment.
Dismissal and confidentiality
Dismissal on that ground alone would be exposed to an unfair dismissal claim, which whether an employer can sack you for having a wage arrestment covers, and only payroll and whoever processes the paperwork need to know, which whether your colleagues find out covers.
What the employee can usefully be told
Which net earnings figure the table was applied to, and which table was used. Whether a wage arrestment shows on your payslip sets out the questions worth putting to payroll and what each answer establishes.
Free money advice is the other half of it, and guidance sits on mygov.scot and with the Accountant in Bankruptcy.
Frequently asked questions
Does an employer have to action a wage arrestment?
Yes. Section 47(1) of the Debtors (Scotland) Act 1987 obliges the employer served with the schedule to deduct on every pay day and pay the sums over, and an employer who does not operate a valid arrestment becomes liable for the sums that should have been deducted.
When does the first deduction have to be made?
The duty attaches to every pay day falling while the arrestment has effect, and the arrestment takes effect on the date the schedule is served. So the calculation belongs to the next pay day after service.
Is the deduction taken from gross or net pay?
Net earnings, which is pay for the period after income tax, National Insurance primary class 1 contributions, pension scheme contributions and a priority child maintenance deduction from earnings order. Those four and no others.
Can an employer charge for operating an arrestment?
An employer may deduct £1.00 per deduction as an administration charge. It is taken from the employee’s pay on top of the arrested amount, after the deduction itself has been calculated.
Can an employer agree a smaller deduction with the employee?
No. The sum comes from the Schedule 2 tables, section 50 carries no affordability ground, and a sheriff cannot reduce a Schedule 2 deduction because the debtor cannot afford it.
Does a statutory moratorium mean payroll should stop deducting?
Not for an arrestment already running. Section 197(5)(d) of the Bankruptcy (Scotland) Act 2016 leaves it competent to execute an earnings arrestment that came into effect before the moratorium period began.
What if there is no fortnightly table?
There is not one. Fortnightly pay is normally handled using the daily table, or by applying the weekly table to each week in the period, following your own payroll guidance.
Does the arrestment move with the employee to a new job?
No. It falls with the employment it was served on under section 47(2), and the creditor has to trace the new employer and serve a fresh schedule there.
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Written as general information about Scottish debt law rather than regulated financial or legal advice, and your own circumstances may change the answer. Free, impartial help is available from Citizens Advice Scotland, StepChange, Money Advice Scotland and National Debtline.