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Debtors (Scotland) Act 1987

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Debtors (Scotland) Act 1987, Section 7 is up to date with all changes known to be in force on or before 08 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

7 Disposal of application.S

(1)If no objection is made in pursuance of section 6(6)(a) of this Act, the sheriff [F1or the First-tier Tribunal] shall make a time to pay order in accordance with the application.

(2)If such an objection is made, the sheriff [F1or the First-tier Tribunal] shall not dispose of the application without first—

(a)giving the debtor an opportunity to make representations; and

(b)if agreement is not reached as to whether a time to pay order should be made or as to its terms, giving the parties an opportunity to be heard.

(3)Where the sheriff [F1or the First-tier Tribunal] refuses to make a time to pay order, he shall recall any interim order under section 6(3) of this Act.

(4)The sheriff clerk [F2or, in relation to time to pay directions made by the First-tier Tribunal, a member of administration staff of the First-tier Tribunal] shall as soon as is reasonably practicable—

(a)intimate the decision of the sheriff [F3or the First-tier Tribunal] on an application for a time to pay order (including any recall of an interim order under subsection (3) above) to the debtor [F4, the creditor and, where an arrestment such as is mentioned in section 73J(1) of this Act is in effect, the arrestee]; and

(b)if the sheriff [F5or the First-tier Tribunal] has made a time to pay order, inform the creditor of the date when he intimated that fact to the debtor.

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