Statutory Instruments of the Scottish Parliament

(a) may be cited as the Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) Amendment (The Debt Arrangement Scheme (Scotland) Regulations 2004) 2004;

(b) shall come into force on 30th November 2004; and

(c) shall be inserted in the Books of Sederunt.

(a) the following creditor[s] [has/have] not consented and the applicant is unable to dispense with such consent under regulation 22(4) of the Regulations:

     (list creditors who have not consented or attach separate list thereof);

(b) the following creditor[s] [has/have] objected to the debt payment programme under regulation 23 of the Regulations:

     (list creditors who have objected or attach separate list thereof).

     4. The applicant attaches a copy of the application made by the money adviser on behalf of the debtor together with a copy of each response received from a creditor to whom a request for consent was sent under regulation 22 of the Regulations.

PART C

     5. The applicant asks the court-

(a) to fix a hearing;

(b) to order the sheriff clerk to intimate this application and the date of the hearing to the applicant, the debtor and to all known creditors of the debtor; and

(c) to determine the application for approval of the proposed debt payment programme.



. . . . . . . . . . . . . . . (Signed)	. . . . . . . . 20 . . . . . .
Applicant	(Date)

(a) realise, and distribute amongst creditors the value of the following asset[s], being asset[s] of the debtor other than asset[s] that are excepted by regulation 30(3) of the Debt Arrangement Scheme (Scotland) Regulations ("the Regulations"):-

     (insert details of assets)

     . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .

     . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .

     . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .

     . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .;

(b) sign and deliver a payment instruction to an employer;

(c) seek agreement from a creditor to pay a continuing liability under regulation 34 of the Regulations;

(d) complete, and submit when due, a tax or duty return or declaration;

(e) maintain an emergency fund in accordance with regulation 30(4) of the Regulations; or

(f) be bound by the following condition(s) intended to serve completion of the programme which the sheriff considers to be reasonable:- (specify further conditions)

*delete as appropriate

. . . . . . . . . . . . . . . (signed)

Sheriff

• . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . .

     5. The applicant attaches a copy of-

(a) the application for variation and all relevant supporting documentation;

(b) any documentation received from any creditor in relation to the application for variation; and

(c) any relevant supporting documentation.

     6. The applicant considers it appropriate for the sheriff to determine this application for the following reasons [set out reasons]:

PART C

The applicant asks the court-

     1. To fix a hearing;

     2. To order the sheriff clerk to intimate this application and the date of the hearing to the applicant, the debtor and the outstanding creditors listed in paragraph 3 of Part B of this application; and

     3. To approve the variation of the debt payment programme.

. . . . . . . . . . . . . . . (Signed)	. . . . . . . . 20. . . . . . .
Applicant	(Date)

(a) realise, and distribute amongst creditors the value of the following asset[s], being asset[s] of the debtor other than asset[s] that are excepted by regulation 30(3) of the Debt Arrangement Scheme (Scotland) Regulations 2004 ("the Regulations"):-

[insert details of assets]

. . . . . . . . . . . . . . .

. . . . . . . . . . . . . . .

. . . . . . . . . . . . . . .;

(b) sign and deliver a payment instruction to an employer;

(c) seek agreement from a creditor to pay a continuing liability under regulation 34 of the Regulations;

(d) complete, and submit when due, a tax or duty return or declaration;

(e) maintain an emergency fund in accordance with regulation 30(4) of the Regulations; or

(f) be bound by the following condition(s) intended to secure completion of the programme which the sheriff considers to be reasonable:- (specify further conditions).

* delete as appropriate

. . . . . . . . . . . . . . . (signed)

Sheriff

(a) rule 38 provides that an application to the sheriff for approval of a debt payment programme shall be made using an application in the form specified; such applications are to be lodged with the sheriff clerk who will then fix a date for the hearing of the application, obtain from the sheriff a warrant to intimate the application to the debtor and the creditors, intimate the application and warrant to the debtors and creditors, intimate the warrant to the applicants, and complete the certifications of intimation; specific forms of warrant for intimation, certificate of intimation and interlocutor are provided for;

(b) rule 39 provides that the sheriff (having heard the interested parties) shall grant the application if he is satisfied that the programme is fair and reasonable; the sheriff may require further information from any of the parties before making any determination and may adjourn the hearing and make the determination at such an adjourned hearing; and

(c) rules 40 and 41 make similar provisions in respect of applications for approval by the sheriff in variation of a debt payment plan.