PART 10APPEALS

Appeals50

1

A debtor may, on a point of law, appeal to the sheriff against a determination of the DAS administrator not to approve a debt payment programme.

2

A creditor named in an application for a debt payment programme may, on a point of law, appeal to the sheriff against a determination of the DAS administrator to–

a

dispense with the consent of the creditor;

b

approve a programme.

3

A debtor, a creditor participating in a debt payment programme, or a creditor who has applied for variation of a programme on the grounds in regulation 38(1)(d) or (e) may, on a point of law, appeal to the sheriff against a determination of the DAS administrator to–

a

attach a condition under regulation 30;

b

approve, or refuse to approve, a variation of a programme;

c

revoke a programme.

4

A debtor may, with the leave of the sheriff, and on a point of law, appeal to the sheriff principal against a determination of the sheriff to refuse to approve a debt payment programme.

5

A creditor named in an application for a debt payment programme may, with the leave of the sheriff, and on a point of law, appeal to the sheriff principal against a determination of the sheriff to approve a programme.

6

An appeal shall be–

a

by summary application; and

b

lodged within 14 days after the date of intimation to the appellant of the determination appealed against.

7

The decision of the sheriff or sheriff principal, as the case may be, is final.