PART I EXTENSION OF TIME TO PAY DEBTS

Time to pay orders following charge or diligence

6 Application for time to pay order.

1

An application for a time to pay order shall specify, to the best of the debtor’s knowledge, the amount of the debt outstanding as at the date of the making of the application and shall include an offer to pay it—

a

by specified instalments, payable at specified intervals; or

b

as a lump sum at the end of a specified period.

2

The F4... duty under section 96(2)(b) of this Act F5on the sheriff clerk or, in relation to time to pay directions made by the First-tier Tribunal, a member of administration staff of the First-tier Tribunal to assist the debtor in the completion of certain forms shall, in relation to a form of application for a time to pay order, consist of a duty to assist him in the completion of the form in accordance with proposals for payment made by the debtor.

3

On receipt of an application for a time to pay order, the sheriff F8or the First-tier Tribunal shall, if the application is properly made and unless it appears F6...that the making of a time to pay order would not be competent, make an interim order sisting diligence as provided for in section 8(1) of this Act.

4

The sheriff may F8or the First-tier Tribunal, where the debtor is unable to furnish the necessary information, make an order requiring the creditor, within such period as may be specified therein, to furnish to the sheriff F8or the First-tier Tribunal such particulars of the decree or other document under which the debt is payable as may be prescribed by Act of Sederunt F7or rules made under section 68 or paragraph 4 of schedule 9 of the Tribunals (Scotland) Act 2014.

5

If a creditor fails to comply with an order under subsection (4) above the sheriff F8or the First-tier Tribunal may, after giving the creditor an opportunity to make representations, make an order recalling or extinguishing any existing diligence, and interdicting the creditor from executing diligence, for the recovery of the debt.

6

Where the sheriff F2or the First-tier Tribunal makes an interim order under subsection (3) above, the sheriff clerk F3or, 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

serve a copy of the application for the time to pay order on the creditor informing him that he may object to the granting of the application within a period of 14 days after the date of service;

F1b

serve on—

i

the creditor; and

ii

where an arrestment such as is mentioned in section 73J(1) of this Act is in effect, the arrestee,

a copy of the interim order; and

c

serve on the creditor a copy of any order under subsection (4) above.