Time to pay directions and time orders2
1
The Ordinary Cause Rules are amended in accordance with the following subparagraphs.
2
After rule 3.2 (actions relating to heritable property) insert—
Actions relating to regulated agreements3.2A
In an action which relates to a regulated agreement within the meaning given by section 189(1) of the Consumer Credit Act 19747—
a
the initial writ shall include an averment that such an agreement exists and details of that agreement; and
b
a copy of the regulated agreement shall be attached to the initial writ.
3
In rule 7.3 (applications for time to pay directions or time orders in undefended causes)—
a
after paragraph (2) insert—
2A
As soon as possible after the application of the defender is lodged, the sheriff clerk shall send a copy of it to the pursuer by first class ordinary post.
b
for paragraph (4) substitute—
4
Where the pursuer objects to the application of the defender made in accordance with paragraph (2) he shall on the same date—
a
complete and lodge with the sheriff clerk Form O3A;
b
minute for decree in accordance with rule 7.2; and
c
send a copy of Form O3A to the defender.
4A
The sheriff clerk shall then fix a hearing on the application of the defender and intimate the hearing to the pursuer and the defender.
4B
The hearing must be fixed for a date within 28 days of the date on which the Form O3A and the minute for decree are lodged.
4
In the Schedule, for Form O3 (form of citation where application for time to pay direction and time order may be made) substitute the forms set out in Schedule 1 to this Act of Sederunt.