Section 4 Effect of debt payment programmesC2

Scotland

I1(1)

Where a debt payment programme has been approved or varied, the debts specified in the application for the approval or, as the case may be, the variation shall be paid in accordance with the programme.

C1(2)

It is not competent—

(a)

to serve a charge for payment in respect of; or

(b)

F1subject to subsection (2A), F2other than under subsection (2A), to commence or execute any diligence to enforce payment of,

F3(c)

to commit to prison under section 4 of the Civil Imprisonment (Scotland) Act 1882, other than for the purposes of section 40A of the Child Support Act 1991, in respect of,

F4(c)

to commit a debtor to prison under section 4 of the Civil Imprisonment (Scotland) Act 1882 (except for the purposes of section 40A of the Child Support Act 1991 ) in respect of,

any debt owed by a debtor who has debts which are being paid under an approved debt payment programme.

F5( 2A )

It is competent to–

(a)

auction an attached article where–

(i)

notice has been given to the debtor under section 27(4) below; or

(ii)

an article has been removed, or notice of removal has been given, under section 53 below;

(b)

implement a decree of furthcoming;

(c)

implement a decree or order for sale of a ship (or a share of it) or cargo; and

F6( d )

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(2A)

Despite subsection (2)(b), it is competent to—

(a)

auction an attached article where—

(i)

notice has been given to the debtor under section 27(4) below; or

(ii)

an article has been removed, or notice of removal has been given, under section 53 below;

(b)

implement a decree of furthcoming;

(c)

implement a decree or order for sale of a ship (or a share of it) or cargo.

(3)

A creditor is not entitled to found on any debt owed by such a debtor in presenting, or concurring in the presentation of, a petition for the sequestration of the debtor’s estate.

(4)

There is to be disregarded, for the purposes of the exercise by a creditor of any rights to enforce a debt or remedies to like effect, any period during which the debtor’s debts were subject to an approved debt payment programme.

I2 I3(5)

The debts referred to in subsections (2) to (4) above are restricted to—

(a)

those to which the debtor’s debt payment programme relates; and

(b)

any other debts owed to creditors who have been given notice, in the prescribed form, of the approval of the debt payment programme.

Annotations

Textual amendments

F1: Words in s. 4(2)(b) inserted (1.7.2011) by The Debt Arrangement Scheme (Scotland) Regulations 2011 (S.S.I. 2011/141), reg. 33(5)(a)(i) (with regs. 49-51)
F2: Words in s. 4(2) inserted (30.11.2004) by Debt Arrangement Scheme (Scotland) Regulations 2004 (S.S.I. 2004/468), regs. 1, 35(5)(a)(i) (as amended by S.S.I. 2004/470, reg. 3)
F3: S. 4(2)(c) inserted (30.11.2004) by Debt Arrangement Scheme (Scotland) Regulations 2004 (S.S.I. 2004/468), regs. 1, 35(5)(a)(ii) (as amended by S.S.I. 2004/470, regs. 3, 11(d))
F4: S. 4(2)(c) inserted (1.7.2011) by The Debt Arrangement Scheme (Scotland) Regulations 2011 (S.S.I. 2011/141), reg. 33(5)(a)(ii) (with regs. 49-51)
F5: S. 4(2A) inserted (30.11.2004) by Debt Arrangement Scheme (Scotland) Regulations 2004 (S.S.I. 2004/468), regs. 1, 35(5)(b) (as amended by S.S.I. 2004/470, reg. 3)
F6: S. 4(2A)(d) repealed (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), s. 227(3), Sch. 6 Pt. 1 (with s. 223); S.S.I. 2008/115, art. 3(2)(3), Sch. 2 (with arts. 4-6, 9 ,10, 15) (as amended: (23.2.2009) by S.S.I. 2009/67, art. 7; (31.1.2011) by S.S.I. 2011/31, art. 5(a); and (4.10.2014) by S.S.I. 2014/173, arts. 1(2), 3)
F7: S. 4(2A) inserted (1.7.2011) by The Debt Arrangement Scheme (Scotland) Regulations 2011 (S.S.I. 2011/141), reg. 33(5)(b) (with regs. 49-51)

Modifications

C1: S. 4(2) amendment to earlier affecting provision SSI 2004/468 reg. 35(5)(a)(i) (14.11.2004) by Debt Arrangement Scheme (Scotland) Amendment Regulations 2004 (S.S.I. 2004/470), regs. 1, 3
C2: Pt. 1 modified (30.11.2004) by Debt Arrangement and Attachment (Scotland) Act 2002 (Transfer of Functions to the Accountant in Bankruptcy) Order 2004 (S.S.I. 2004/448), arts. 1, 3

Commencement

I1: S. 4(1)-(4) in force at 30.11.2004 by S.S.I. 2004/416, art. 2(2)
I2: S. 4(5) in force at 24.9.2004 for specified purposes by S.S.I. 2004/416, art. 2(1)(a)
I3: S. 4(5) in force at 30.11.2004 in so far as not already in force by S.S.I. 2004/416, art. 2(2)