Textual Amendments
F1Cross-heading preceding s. 31 substituted (1.4.2008) by virtue of Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 36, 227(3), Sch. 1 para. 30(6) (with s. 223); S.S.I. 2008/115, art. 3(1)(i) (with arts. 4-6, 10 (as amended (with effect from 31.1.2011) by S.S.I. 2011/31, art. 5))
(1)A debtor contribution order must contain provision requiring the debtor to pay the debtor’s contribution (if not zero)—
(a)during the payment period, and
(b)at regular intervals determined by the person making or varying the order.
(2)In subsection (1)(a), “payment period” means—
(a)the period of 48 months beginning with the date of the first payment,
(b)such shorter period as is determined by the person making or varying the order, or
(c)such longer period as is—
(i)determined by the trustee where there is a period during which the debtor did not pay an amount required under the debtor contribution order, or
(ii)agreed by the debtor and the trustee.
(3)The person making or varying the order may determine a shorter period under subsection (2)(b) only if, in the opinion of that person, the value of—
(a)the debtor’s contribution during the shorter period, and
(b)any other estate of the debtor taken possession of by the trustee,
would be sufficient to allow a distribution of the debtor’s estate to meet in full all of the debts mentioned in section 51.
(4)The Accountant in Bankruptcy must, when making an order under section 32A—
(a)determine the date of the first payment, or
(b)in a case where the debtor’s contribution is fixed as zero, determine the date which is to be deemed as the date of the first payment under the order.]
Textual Amendments
F2Ss. 32A-32H inserted (30.6.2014 for specified purposes, 1.4.2015 in so far as not already in force) by Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), ss. 4, 57(2); S.S.I. 2014/172, art. 2, sch.; S.S.I. 2014/261, art. 3 (with arts. 4-7, 12) (as amended by S.S.I. 2015/54, art. 2)