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Rule 2.22 Applications for time to pay directions or time ordersF6I1

Scotland

(1)

This rule applies to a summary application in which—

F1(a)

a time to pay direction may be applied for under the Debtors (Scotland) Act 1987 F2; or

(b)

a time order may be applied for under the Consumer Credit Act 1987

(2)

A defender may apply for a time to pay direction F3or time order and, where appropriate, for recall or restriction of an arrestment–

(a)

by appearing and making the appropriate motion at a diet fixed for hearing of the summary application;

(b)

except where the warrant of citation contains a shorter period of notice than the period of notice to be given to a defender under rule 3.6(1)(a) or (b), as the case may be, of the Ordinary Cause Rules, by completing and returning the appropriate portion of Form 5 to the sheriff clerk at least F414 days before the first diet fixed for hearing of the summary application or the expiry of the period of notice or otherwise, as the case may be in the warrant of citation; or

(c)

by application to the court at any stage before final decree.

F5(3)

On lodging an application under paragraph (2)(b), the defender shall send a copy of it to the pursuer by first class ordinary post.

(4)

Where the pursuer objects to the application of the defender lodged under paragraph (2)(b) he shall—

(a)

complete and lodge with the sheriff clerk Form 5A prior to the date fixed for the hearing of the summary application; and

(b)

send a copy of that form to the defender.

(5)

The sheriff clerk shall then fix a hearing in relation to the application under paragraph (2)(b) and intimate the hearing to the pursuer and the defender.

(6)

The sheriff may determine an application under paragraph (2)(c) without the defender having to appear.

Annotations

Textual amendments

F1

Words in rule 2.22(1) renumbered as rule 2.22(1)(a) (26.2.2007) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2007 (S.S.I. 2007/6), paras. 1(2), 3(4)(b)

F2

Rule 2.22(1)(b) and word inserted (26.2.2007) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2007 (S.S.I. 2007/6), paras. 1(2), 3(4)(c)

F3

Words in rule 2.22(2) inserted (26.2.2007) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2007 (S.S.I. 2007/6), paras. 1(2), 3(4)(d)

F4

Word in rule 2.22(2)(b) substituted (1.12.2009) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009 (S.S.I. 2009/294), paras. 1(2), 3(3)(a) (with para. 6)

F5

Rule 2.22(3)-(6) substituted for rule 2.22(3) (1.12.2009) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009 (S.S.I. 2009/294), paras. 1(2), 3(3)(b) (with para. 6)

F6

Words in rule 2.22 heading inserted (26.2.2007) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2007 (S.S.I. 2007/6), paras. 1(2), 3(4)(a)

Commencement

I1

Rule 2.22 in force at 1.7.1999, see rule 1.1(1)