The Bankruptcy (Financial Services and Markets Act 2000) (Scotland) Rules 2001

Form of a demand

3.  A demand must—

(a) be dated and signed by a member of the Authority' staff authorised by it for that purpose;

(b) specify that it is made under section 372(4)(a) of the Act;

(c) state the amount of the debt, to whom it is owed and the way in which it arises;

(d) state the grounds on which it is alleged that the individual appears to have no reasonable prospect of paying the debt;

(e) specify the name, address and telephone number of one or more persons with whom the individual may enter into communication with a view to establishing to the Authority’s satisfaction that there is a reasonable prospect that the debt will be paid when it falls due or (as the case may be) that the debt will be secured or compounded; and

(f) include an explanation to the individual of the following matters:

(i) the purpose of the demand and the fact that, if the individual does not comply with the demand, the Authority may petition under section 5 of the Bankruptcy (Scotland) Act 1985(1) for the sequestration of his estate;

(ii) the time within which the demand must be complied with, if that consequence is to be avoided;

(iii) the methods of compliance which are open to the individual; and

(iv) the individual’s right to apply to the court for the demand to be set aside.

(1)

1985 c. 66.