PART I EXTENSION OF TIME TO PAY DEBTS

Time to pay orders following charge or diligence

10 Variation and recall of time to pay order and arrestment.

1

The sheriff F7or the First-tier Tribunal may, on an application by the debtor or the creditor—

a

vary or recall a time to pay order if F9the sheriff or the Tribunal is satisfied that it is reasonable F4in all the circumstances to do so; or

b

if F5an interim attachment,F1an attachment or an arrestment in respect of the debt is in effect, recall F2the attachment or recall or restrict the arrestment.

2

If F6an interim attachment,F3an attachment or an arrestment in respect of the debt is in effect, the sheriff F8or the First-tier Tribunal may order that any variation, recall or restriction under subsection (1) above shall be subject to the fulfilment by the debtor of such conditions as the sheriff F8or the First-tier Tribunal thinks fit.

3

The sheriff clerk F11or, 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 intimate a variation under subsection (1) above to the debtor and to the creditor, and the variation shall come into effect on the date of such intimation.

4

Where, after a time to pay order has been made, it comes to the knowledge of the sheriff F10or the First-tier Tribunal that the debt to which the order applies is being enforced by any of the diligences mentioned in section 9(1)(b) of this Act which was in effect when the time to pay order was made, the sheriff F10or the First-tier Tribunal, after giving all interested parties an opportunity to be heard, may make—

a

an order recalling the time to pay order; or

b

any of the orders mentioned in subsection (2) or (4) of section 9 of this Act; and that section shall, subject to any necessary modifications, apply for the purposes of an order made under this paragraph as it applies for the purposes of an order made under either of those subsections.