# The Common Financial Tool (Scotland) Regulations 2018, Regulation 6: Sequestrations and trust deeds before 1st April 2019


(1) Except as mentioned in paragraphs (2) to (4) and (7), these Regulations have no effect in relation to—
(a) sequestrations for which the petition was presented or the debtor application was made before, or
(b) trust deeds executed before,
1st April 2019.
(2) These Regulations have effect where—
(a) an application is made on or after 1st April 2019 under section 95 of the 2016 Act to vary or quash a debtor contribution order; or
(b) a trustee is considering on or after that date under that section whether to vary or quash a debtor contribution order.
(3) These Regulations have effect where—
(a) an application is made on or after 1st April 2019 under section 32F of the 1985 Act to vary or quash a debtor contribution order; or
(b) a trustee is considering on or after that date under that section whether to vary or quash a debtor contribution order.
(4) These Regulations have effect where—
(a) an application is made on or after 1st April 2019 under section 32(4) of the 1985 Act for variation of an income payment order,
(b) an application is made on or after that date under section 32(4G)(b) of the 1985 Act for variation of an income payment agreement, or
(c) a trustee is considering entering into a written agreement to vary an income payment agreement under section 32(4G)(a) of the 1985 Act on a change in the debtor’s circumstances.
(5) For the avoidance of doubt paragraphs (2) to (4) do not prevent a trustee, AiB or a sheriff having regard to other factors, including the amount initially determined by the order or provided for in an income payment agreement (or any extant variation of either).
(6) The adoption of the Standard Financial Statement as the common financial tool is not itself a change in the debtor’s circumstances for the purposes of section 95 of the 2016 Act or sections 32(4) or 32F of the 1985 Act.
(7) Schedule 5 (which modifies saved regulations for sequestration and trust deeds before 30th November 2016) has effect subject to paragraphs (1) to (6).

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Source: https://www.legislation.gov.uk/sdsi/2018/9780111039793/regulation/6 (the official version)
Page: https://openlegislation.uk/draft-common-financial-tool-scotland-regulations-2018/regulation-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.