- 10 Nov 2021
Date received: 8 Oct 2021
Date responded: 1 Nov 2021
Please provide information for the following in relation to a warrant to serve an earnings arrestment on the dependence of an action in respect of police pension earnings payable to a former police officer in terms of the
Police Pension Scheme 1987:
Confirm whether the 1987 scheme may be attached by an earnings arrestment on the dependence of an action and, if so, the full designation of the Scheme for the purpose of the warrant to arrest and the notice of arrestment.
Section 9 of the Police Pensions Act 1976 states as follows:
“Every assignment of or charge on a pension granted under the regulations made under section 1 above, and every agreement to assign or charge such a pension shall, except so far as it is made for the benefit of a dependant of the pensioner, be void; and on the bankruptcy of the pensioner such a pension shall not pass to any trustee or other person acting on behalf of the creditors.”
This prevents in general any “charge” on a police pension and would cover an earnings arrestment. Therefore, any earnings arrestment would be rendered void.
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrews House