Act of Sederunt (Consumer Credit Act 1974) 1985 (Amendment) 1995

Statutory Instruments

1995 No. 1877 (S.124)

SHERIFF COURT, SCOTLAND

Act of Sederunt (Consumer Credit Act 1974) 1985 (Amendment) 1995

Made

14th July 1995

Coming into force

7th August 1995

The Lords of Council and Session, under and by virtue of the powers conferred on them by section 32 of the Sheriff Courts (Scotland) Act 1971(1) and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation, commencement and interpretation

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Consumer Credit Act 1974) 1985 (Amendment) 1995 and shall come into force on 7th August 1995.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

2.  The Act of Sederunt (Consumer Credit Act 1974) 1985(2) shall be amended as follows:—

(a) in sub-paragraph 2(1), after the words “the Consumer Credit Act 1974”, insert the following:—

• “and “Sheriff Court Summary Application Rules” means the Sheriff Court Summary Application Rules 1993(3).”;

(b) after paragraph 5, insert the following paragraphs:—

“Application for a time order

5A.   Where there are no proceedings in respect of the regulated agreement before the court, an application for a time order under section 129 or an ancillary order under sections 132, 133, 135, 136 or 139 of the 1974 Act shall be by summary application and made as nearly as may be in accordance with Form 1 of the Schedule to this Act of Sederunt and rule 4(1) and Form 1 of the Sheriff Court Summary Application rules shall not apply to such an application.

Application for variation or revocation of a time order

5B.   An application for variation or revocation of a time order under section 130(6) of the 1974 Act shall be by minute or incidental application, as appropriate, in the proceedings in which the time order was granted.”.

(c) in paragraph 7(c), after the word “form”, insert “2”;

(d) in the Schedule, after the word “SCHEDULE”, insert the form set out in the Schedule to this Act of Sederunt; and

(e) in the Schedule above the title “Notice to Third Party”, insert the words “Form 2”.

Hope of Craighead

Lord President, IPD

Edinburgh,

14th July 1995

Paragraph 2(d)

SCHEDULE

Paragraph 5A

FORM 1 The Consumer Credit Act 1974, Section 129

Explanatory Note

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

This Act of Sederunt amends the Act of Sederunt (Consumer Credit Act 1974) 1985 by providing a form of application for certain orders under the Consumer Credit Act 1974.

(1)

1971 c. 58; section 32 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), Schedule 2, paragraph 12 and by the Civil Evidence (Scotland) Act 1988 (c. 32), section 2(4).

(2)

S.I. 1985/705.

(3)

S.I. 1993/3240.