{
  "url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016/schedule-1/part-5",
  "json_url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016/schedule-1/part-5.json",
  "legislation": "ssi/2016/200",
  "legislation_title": "Act of Sederunt (Simple Procedure) 2016",
  "legislation_url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016",
  "path": "schedule/1/part/5",
  "kind": "part",
  "number": "5: How to ask for time to pay",
  "heading": null,
  "text": "5.1\nWhat is this Part about?\n(1)\nThis Part is about how the respondent may ask for time to pay if a claim for payment of a sum of money is admitted, and how the claimant can consent or object to that.\n5.2\nWhat is an order for time to pay?\n(1)\nAn order for time to pay is an order of the sheriff that the respondent must pay the claimant a sum of money in a particular way, such as by instalments or by a delayed payment.\n5.3\nHow can a respondent ask for time to pay?\n(1)\nThe respondent may ask for time to pay in three ways:\n(a)\nby completing a Time to Pay Application and sending it to court by the last date for a response,\n(b)\nby completing a Time to Pay Application and giving it to the sheriff clerk at a discussion in court, case management discussion or a hearing, or\n(c)\nby completing a Time to Pay Application and sending it to court after the sheriff has made a decision.\n5.4\nWhat will the court do with a Time to Pay Application?\n(1)\nIf the respondent sends a Time to Pay Application to the court, the sheriff clerk must send a copy of it to the claimant along with a Time to Pay Notice.\n5.5\nHow can the claimant consent to a Time to Pay Application?\n(1)\nTo consent to a Time to Pay Application, the claimant must indicate consent on the Time to Pay Notice and send it to the court within 2 weeks after the claimant is sent the Time to Pay Notice.\n(2)\nThe sheriff may then grant the Time to Pay Application and decide the case.\n5.6\nHow can the claimant object to a Time to Pay Application?\n(1)\nTo object to a Time to Pay Application, the claimant must indicate objection on the Time to Pay Notice and send it to the court within 2 weeks after the claimant is sent the Time to Pay Notice.\n(2)\nWhen the court receives an objection to a Time to Pay Application, the sheriff may give the parties an order arranging a time to pay hearing.\n(3)\nThe sheriff must decide the case and decide whether to grant or refuse the Time to Pay Application.\n5.7\nWhat if the claimant does not consent or object to a Time to Pay Application?\n(1)\nIf the claimant has not consented or objected to a Time to Pay Application within 2 weeks after the claimant is sent the Time to Pay Notice, the sheriff must decide the case (if the case has not yet been decided) and grant or refuse the Time to Pay Application.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in sch. 1 rule 5.3(1)(a) substituted (30.7.2018) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2018 (S.S.I. 2018/191), paras. 1(2), 2(2)(e)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in sch. 1 rule 5.6(2) substituted (31.5.2023) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 (S.S.I. 2022/211), paras. 1(2), 2(2)(h)(i) (with para. 3)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in sch. 1 rule 5.6(2) substituted (28.11.2016) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016 (S.S.I. 2016/315), paras. 1(2), 7(3)(b)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in sch. 1 rule 5.6(3) substituted (31.5.2023) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 (S.S.I. 2022/211), paras. 1(2), 2(2)(h)(ii) (with para. 3)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2016/200/schedule/1/part/5",
    "retrieved_at": "2026-10-28T21:23:36.581509+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}