Act of Sederunt (Sheriff Court Summary Application Rules) 1993

Applications for time to pay directions

22.—(1) This rule applies to a summary application in which a time to pay direction may be applied for under the Debtors (Scotland) Act 1987(1).

(2) A defender may apply for a time to pay direction and, where appropriate, for recall or restriction of an arrestment—

(a) by appearing and making the appropriate motion at a diet fixed for hearing of the summary application;

(b) except where the warrant of citation contains a shorter period of notice than the period of notice to be given to a defender under rule 3.6(1)(a) or (b), as the case may be, of the Ordinary Cause Rules 1993 by completing and returning the appropriate portion of Form 5 to the sheriff clerk at least seven days before the first diet fixed for hearing of the summary application or the expiry of the period of notice or otherwise, as the case may be in the warrant of citation; or

(c) by application to the court at any stage before final decree.

(3) The sheriff may determine an application under paragraph (2)(b) or (c) without the defender having to appear.

(1)

1987 c. 18.