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The Common Financial Tool etc. (Scotland) Regulations 2014

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Common Financial Tool: consequential amendments

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7.—(1) After the definition of “Common Financial Statement” in regulation 2 (interpretation), insert—

“common financial tool” has the meaning given by section 5D(1) of the 1985 Act;.

(2) In regulation 7(1)(c) (statements in relation to trust deed) after “benefit of creditors” insert “, including any contribution required by the common financial tool where the debtor is a living individual,”.

(3) In regulation 8 (payment of debtor’s contribution)—

(a)at the end of paragraph (1), insert “, as required by the common financial tool where the debtor is a living individual”; and

(b)in paragraph (5), for “paragraph (4)” substitute “paragraphs (1) and (4)”.

(4) In regulation 10(1)(d)(ii) (documents to be sent to creditors), for “in the style and format of the Common Financial Statement” substitute “, in Form 2A where the debtor is a living individual”.

(5) For regulation 11(1)(h) (registration of the trust deed etc.) substitute—

(h)where a debtor who is a living individual makes a contribution from income, a statement—

(i)that the amount of that contribution is in accordance with the common financial tool as assessed by the trustee; and

(ii)any evidence or explanation required in applying the common financial tool;

(6) For regulation 11(2)(c) substitute—

(c)the Accountant is satisfied in accordance with the common financial tool with the amount of the contribution determined..

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