Where an arrestee fails to make a disclosure, a sheriff may, on the application of the creditor, order the arrestee to pay the creditor the lesser of either: (i) the sum due by the debtor to the creditor or (ii) the amount which represents the “minimum protected balance” in bank accounts which are subject to an arrestment (currently £1,000). Section 6(3)(b) provides a new power for the Scottish Ministers to vary the sum of the “minimum protected balance” by regulations.