# The Bankruptcy (Financial Services and Markets Act 2000) (Scotland) Rules 2001, Article 3: Form of a demand


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 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.

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Source: https://www.legislation.gov.uk/uksi/2001/3591/article/3 (the official version)
Page: https://openlegislation.uk/bankruptcy-financial-services-and-markets-act-2000-scotland-rules-2001/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

