(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.
Textual Amendments
F1Words in s. 7(1)-(3) inserted (6.3.2019) by The First-tier Tribunal for Scotland Housing and Property Chamber (Incidental Provisions) Regulations 2019 (S.S.I. 2019/51), regs. 1, 2(7)(a)
F2Words in s. 7(4) inserted (6.3.2019) by The First-tier Tribunal for Scotland Housing and Property Chamber (Incidental Provisions) Regulations 2019 (S.S.I. 2019/51), regs. 1, 2(7)(b)(i)
F3Words in s. 7(4)(a) inserted (6.3.2019) by The First-tier Tribunal for Scotland Housing and Property Chamber (Incidental Provisions) Regulations 2019 (S.S.I. 2019/51), regs. 1, 2(7)(b)(ii)
F4Words in s. 7(4)(a) substituted (22.4.2009) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), s. 227(3), sch. 5 para. 16(6) (with s. 223); S.S.I. 2009/67, art. 3(2)(3), sch. 1 (with arts. 4-6) (as amended (31.1.2011) by S.S.I. 2011/31, art. 5(b))