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Debtors (Scotland) Act 1987
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Changes over time for: Section 7
Version Superseded: 18/04/2005
Alternative versions:
- 01/02/1991- Amendment
- 01/07/1992
Point in time - 18/04/2005- Amendment
- 22/04/2009- Amendment
- 06/03/2019- Amendment
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Debtors (Scotland) Act 1987, Section 7 is up to date with all changes known to be in force on or before 26 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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7 Disposal of application.S
(1)If no objection is made in pursuance of section 6(6)(a) of this Act, the sheriff shall make a time to pay order in accordance with the application.
(2)If such an objection is made, the sheriff 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 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 shall as soon as is reasonably practicable—
(a)intimate the decision of the sheriff on an application for a time to pay order (including any recall of an interim order under subsection (3) above) to the debtor and the creditor; and
(b)if the sheriff has made a time to pay order, inform the creditor of the date when he intimated that fact to the debtor.
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