Part IX Judicial Control

Extension of time

C1C2129 Time orders.

1

F1Subject to subsection (3) below, if it appears to the court just to do so—

a

on an application for an enforcement order; or

b

on an application made by a debtor or hirer under this paragraph after service on him of—

i

a default notice, or

ii

a notice under section 76(1) or 98(1); or

F2ba

on an application made by a debtor or hirer under this paragraph after he has been given a notice under section 86B or 86C; or

c

in an action brought by a creditor or owner to enforce a regulated agreement or any security, or recover possession of any goods or land to which a regulated agreement relates,

the court may make an order under this section (a “time order ”).

2

A time order shall provide for one or both of the following, as the court considers just—

a

the payment by the debtor or hirer or any surety of any sum owed under a regulated agreement or a security by such instalments, payable at such times, as the court, having regard to the means of the debtor or hirer and any surety, considers reasonable;

b

the remedying by the debtor or hirer of any breach of a regulated agreement (other than non-payment of money) within such period as the court may specify.

F33

Where in Scotland a time to pay direction or a time to pay order has been made in relation to a debt, it shall not thereafter be competent to make a time order in relation to the same debt.