Section 5 Variation of debt payment programmes
Scotland
The Scottish Ministers may, on an application by the debtor or by any creditor, approve the variation of a debt payment programme.
The Scottish Ministers may not consider an application for approval of a variation under subsection (1) above unless—
where the application is made by the debtor, a copy of the application has been given to each creditor who is owed a debt which is being paid under the debt payment programme; or
where the application is made by a creditor, a copy of the application has been given to the debtor and to each other creditor who is owed such a debt.
Such an application may seek the variation of any condition which is attached to the approval of the programme or, as the case may be, a previous variation of the programme.
Annotations
Textual amendments
- F1
S. 5(4)(b) and word repealed (8.3.2007) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 212(4), 227(3) (with s. 223); S.S.I. 2007/82, art. 3(b)
Commencement
- I1
S. 5(4) in force at 24.9.2004 for specified purposes by S.S.I. 2004/416, art. 2(1)(a)
Notes on Part 1
Modifications
- C1
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