Article 15 I1

(1)

The Act of Sederunt (Consumer Credit Act 1974) 1985^f1 is amended in accordance with the following subparagraphs.

(2)

In rule 2 (interpretation)^f2 for “1993” substitute “1999”.

(3)

In rule 5A (application for a time order)^f3–

(a)

for “or section 139” substitute “, section 139 or section 140B”; and

(b)

for “rule 4(1)” substitute “rule 2.4(1)”.

(4)

But rule 5A as worded immediately prior to the amendment made by paragraph (3) shall continue to have effect for the purpose of the court’s power to reopen an agreement under section 139 of the Consumer Credit Act 1974^f4 as preserved by paragraph 15 of Schedule 3 to the Consumer Credit Act 2006^f5.

(5)

In rule 6(1) (claims against third parties in summary causes) for “rule 93 of the Act of Sederunt (Summary Cause Rules, Sheriff Court) 1976 (incidental applications)” substitute “rule 11 of the Act of Sederunt (Summary Cause Rules) 2002 (third party procedure)”.

Annotations

Commencement

I1: Para. 15 in force at 1.7.2008, see para. 1(1)

Footnotes

f1: S.I. 1985/705, amended by S.I. 1995/1877.
f2: Rule 2 was amended by S.I. 1995/1877.
f3: Rule 5A was inserted by S.I. 1995/1877.
f4: 1974, c. 39; section 139 was amended by S.I. 1991/724 and S.R. 1993/282.
f5: 2006 c. 14.