Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) Amendment (The Debt Arrangement Scheme (Scotland) Regulations 2004) 2004

Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends Schedule 1 (rules for applications in the Sheriff Court under the Debt Arrangement and Attachment (Scotland) Act 2002) of the Act of Sederunt (Debt Arrangement and Attachment (Scotland) 2002) 2002 (“the 2002 Act of Sederunt”).

Article 2(2) inserts new rules 37 to 41 into Schedule 1 of the 2002 Act of Sederunt. These rules set out procedure in relation to applications for approval and applications for approval of variation of debt payment plans pursuant to the Debt Arrangement Scheme (Scotland) Regulations 2004.

In the new rules–

(a) rule 38 provides that an application to the sheriff for approval of a debt payment programme shall be made using an application in the form specified; such applications are to be lodged with the sheriff clerk who will then fix a date for the hearing of the application, obtain from the sheriff a warrant to intimate the application to the debtor and the creditors, intimate the application and warrant to the debtors and creditors, intimate the warrant to the applicants, and complete the certifications of intimation; specific forms of warrant for intimation, certificate of intimation and interlocutor are provided for;

(b) rule 39 provides that the sheriff (having heard the interested parties) shall grant the application if he is satisfied that the programme is fair and reasonable; the sheriff may require further information from any of the parties before making any determination and may adjourn the hearing and make the determination at such an adjourned hearing; and

(c) rules 40 and 41 make similar provisions in respect of applications for approval by the sheriff in variation of a debt payment plan.