C2Part 1The debt arrangement scheme

Annotations:
Modifications etc. (not altering text)

4C2 Effect of debt payment programmes

I21

Where a debt payment programme has been approved or varied, the debts specified in the application for the approval or, as the case may be, the variation shall be paid in accordance with the programme.

C1I22

It is not competent—

a

to serve a charge for payment in respect of; or

b

F7subject to subsection (2A),F2other than under subsection (2A), to commence or execute any diligence to enforce payment of,

F3c

to commit to prison under section 4 of the Civil Imprisonment (Scotland) Act 1882, other than for the purposes of section 40A of the Child Support Act 1991, in respect of,

F6c

to commit a debtor to prison under section   4 of the Civil Imprisonment (Scotland) Act 1882 (except for the purposes of section   40A of the Child Support Act 1991 ) in respect of,

any debt owed by a debtor who has debts which are being paid under an approved debt payment programme.

I2F1 2A

It is competent to–

a

auction an attached article where–

i

notice has been given to the debtor under section 27(4) below; or

ii

an article has been removed, or notice of removal has been given, under section 53 below;

b

implement a decree of furthcoming;

c

implement a decree or order for sale of a ship (or a share of it) or cargo; and

F4 d

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

F52A

Despite subsection (2)(b), it is competent to—

a

auction an attached article where—

i

notice has been given to the debtor under section   27(4) below; or

ii

an article has been removed, or notice of removal has been given, under section   53 below;

b

implement a decree of furthcoming;

c

implement a decree or order for sale of a ship (or a share of it) or cargo.

I23

A creditor is not entitled to found on any debt owed by such a debtor in presenting, or concurring in the presentation of, a petition for the sequestration of the debtor’s estate.

I24

There is to be disregarded, for the purposes of the exercise by a creditor of any rights to enforce a debt or remedies to like effect, any period during which the debtor’s debts were subject to an approved debt payment programme.

I1I35

The debts referred to in subsections (2) to (4) above are restricted to—

a

those to which the debtor’s debt payment programme relates; and

b

any other debts owed to creditors who have been given notice, in the prescribed form, of the approval of the debt payment programme.