Citation and commencement1

This Act of Sederunt–

a

may be cited as the Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) Amendment (The Debt Arrangement Scheme (Scotland) Regulations 2004) 2004;

b

shall come into force on 30th November 2004; and

c

shall be inserted in the Books of Sederunt.

Amendment and revocation of the principal Rules2

1

In the Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 20022, Schedule 1 (Rules for applications in the Sheriff Court under the Debt Arrangement and Attachment (Scotland) Act 2002) is amended in accordance with the following paragraphs.

2

After Chapter 3 (Attachment: Articles kept within dwellinghouses) insert–

CHAPTER 4THE DEBT ARRANGEMENT SCHEME (SCOTLAND) REGULATIONS 2004

Interpretation37

1

In this Chapter, “the Regulations” means the Debt Arrangement Scheme (Scotland) Regulations 20043.

2

Any reference in this Chapter to a “regulation” shall be a reference to a regulation of the Regulations.

Applications for approval by sheriff of debt payment programme

38

1

An application to the sheriff for approval of a debt payment programme under regulation 27 of the Regulations shall be in Form 29.

2

An application to which paragraph (1) applies shall be lodged with the sheriff clerk who shall–

a

fix a date for the hearing of the application (which date shall be not less than 7 days from the date of intimation made under sub-paragraph (c));

b

obtain from the sheriff a warrant to intimate the application to the debtor and the creditors;

c

intimate the application and warrant to the debtor and the creditors;

d

intimate the warrant to the applicant; and

e

complete a certificate of intimation.

3

A warrant for intimation referred to in this rule shall be in Form 30.

4

A certificate of intimation referred to in this rule shall be in Form 31.

5

An interlocutor granted by the sheriff determining the application for approval of a debt payment programme shall be in Form 32.

39

1

At a hearing fixed under rule 38(2)(a), the sheriff having heard interested parties–

a

shall grant the application in terms of regulation 27(1) if he is satisfied that the programme is fair and reasonable;

b

may require of any of the parties further information before making any determination; or

c

may adjourn the hearing and make the determination at the adjourned hearing.

2

In determining whether a programme is fair and reasonable, the sheriff shall have regard to the matters referred to in regulation 26(2).

3

An approval under rule 39(1)(a) may be made subject to a condition under regulation 30.

Applications for approval by sheriff of variation of debt payment plan

40

1

An application to the sheriff for approval of a variation of a debt payment programme under regulation 39(3) shall be in Form 33.

2

An application to which paragraph (1) applies shall be lodged with the sheriff clerk who shall–

a

fix a date for the hearing of the application (which date shall be not less than 7 days from the date of intimation made under sub-paragraph (c));

b

obtain from the sheriff a warrant to intimate the application to the debtor and the creditors;

c

intimate the application and warrant to the debtor and the creditors;

d

intimate the warrant to the applicant; and

e

complete a certificate of intimation.

3

A warrant for intimation referred to in this rule shall be in Form 30.

4

A certificate of intimation referred to in this rule shall be in Form 31.

5

An interlocutor granted by the sheriff determining an application for variation shall be in Form 34.

41

1

At a hearing fixed under rule 40(2)(a), the sheriff having heard interested parties–

a

shall grant the application in terms of regulation 39(3) if, having regard to the matters referred to in regulation 39(4), he is satisfied that the programme is fair and reasonable;

b

may require of any of the parties further information before making any determination; or

c

may adjourn the hearing and make the determination at the adjourned hearing.

2

An approval under rule 41(1)(a) may be made subject to a condition under regulation 30.

3

In Appendix 1 of Schedule 1 (Forms) after Form 28 insert Forms 29 to 34 as set out in the Schedule to this Act of Sederunt.

CULLEN OF WHITEKIRKLord President I.P.D.Edinburgh