{
  "url": "https://openlegislation.uk/bankruptcy-financial-services-and-markets-act-2000-scotland-rules-2001/article-3",
  "json_url": "https://openlegislation.uk/bankruptcy-financial-services-and-markets-act-2000-scotland-rules-2001/article-3.json",
  "legislation": "uksi/2001/3591",
  "legislation_title": "The Bankruptcy (Financial Services and Markets Act 2000) (Scotland) Rules 2001",
  "legislation_url": "https://openlegislation.uk/bankruptcy-financial-services-and-markets-act-2000-scotland-rules-2001",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": "Form of a demand",
  "text": "A demand must—\n(a) be dated and signed by a member of the Authority' staff authorised by it for that purpose;\n(b) specify that it is made under section 372(4)(a) of the Act;\n(c) state the amount of the debt, to whom it is owed and the way in which it arises;\n(d) state the grounds on which it is alleged that the individual appears to have no reasonable prospect of paying the debt;\n(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\n(f) include an explanation to the individual of the following matters:\n(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 for the sequestration of his estate;\n(ii) the time within which the demand must be complied with, if that consequence is to be avoided;\n(iii) the methods of compliance which are open to the individual; and\n(iv) the individual’s right to apply to the court for the demand to be set aside.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1985 c. 66."
    }
  ],
  "outstanding_effects": [
    {
      "type": "word substituted",
      "affecting": "uksi/2013/472",
      "affecting_title": "The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013"
    },
    {
      "type": "word substituted",
      "affecting": "uksi/2013/472",
      "affecting_title": "The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013"
    },
    {
      "type": "word substituted",
      "affecting": "uksi/2013/472",
      "affecting_title": "The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2001/3591/article/3",
    "retrieved_at": "2026-10-29T07:26:00.558684+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."
}