Part 1 SThe debt arrangement scheme

Modifications etc. (not altering text)

C1 Pt. 1 modified (30.11.2004) by Debt Arrangement and Attachment (Scotland) Act 2002 (Transfer of Functions to the Accountant in Bankruptcy) Order 2004 (S.S.I. 2004/448), arts. 1, 3

4 Effect of debt payment programmes S

(1) Where a debt payment programme has been approved or varied, the debts specified in the application for the approval or, as the case may be, the variation shall be paid in accordance with the programme.

(2) It is not competent—

(a) to serve a charge for payment in respect of; or

(b) [F1 other than under subsection (2A),] to commence or execute any diligence to enforce payment of,

[F2 (c) to commit to prison under section 4 of the Civil Imprisonment (Scotland) Act 1882, other than for the purposes of section 40A of the Child Support Act 1991, in respect of,]

any debt owed by a debtor who has debts which are being paid under an approved debt payment programme.

[F3 ( 2A ) It is competent to–

(a) auction an attached article where–

(i) notice has been given to the debtor under section 27(4) below; or

(ii) an article has been removed, or notice of removal has been given, under section 53 below;

(b) implement a decree of furthcoming;

(c) implement a decree or order for sale of a ship (or a share of it) or cargo; and

(d) sell the effects of a debtor to satisfy a decree obtained in an action for sequestration for rent due by the debtor.]

(3) A creditor is not entitled to found on any debt owed by such a debtor in presenting, or concurring in the presentation of, a petition for the sequestration of the debtor’s estate.

(4) There is to be disregarded, for the purposes of the exercise by a creditor of any rights to enforce a debt or remedies to like effect, any period during which the debtor’s debts were subject to an approved debt payment programme.

(5) The debts referred to in subsections (2) to (4) above are restricted to—

(a) those to which the debtor’s debt payment programme relates; and

(b) any other debts owed to creditors who have been given notice, in the prescribed form, of the approval of the debt payment programme.

Textual Amendments

F1 Words in s. 4(2) inserted (30.11.2004) by Debt Arrangement Scheme (Scotland) Regulations 2004 (S.S.I. 2004/468), regs. 1, 35(5)(a)(i) (as amended by S.S.I. 2004/470, reg. 3)

F2 S. 4(2)(c) inserted (30.11.2004) by Debt Arrangement Scheme (Scotland) Regulations 2004 (S.S.I. 2004/468), regs. 1, 35(5)(a)(ii) (as amended by S.S.I. 2004/470, regs. 3, 11(d))

F3 S. 4(2A) inserted (30.11.2004) by Debt Arrangement Scheme (Scotland) Regulations 2004 (S.S.I. 2004/468), regs. 1, 35(5)(b) (as amended by S.S.I. 2004/470, reg. 3)

Commencement Information

I1 S. 4(1)-(4) in force at 30.11.2004 by S.S.I. 2004/416, art. 2(2)

I2 S. 4(5) in force at 24.9.2004 for specified purposes by S.S.I. 2004/416, art. 2(1)(a)

I3 S. 4(5) in force at 30.11.2004 in so far as not already in force by S.S.I. 2004/416, art. 2(2)