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Debtors (Scotland) Act 1987

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Change 1

What to do with it
As published

7 Disposal of application.

(1) If no objection is made in pursuance of section 6(6)(a) of this Act, the sheriff or the First-tier Tribunal shall make a time to pay order in accordance with the application. (2) If such an objection is made, the sheriff or the First-tier Tribunal shall not dispose of the application without first— (a) giving the debtor an opportunity to make representations; and (b) if agreement is not reached as to whether a time to pay order should be made or as to its terms, giving the parties an opportunity to be heard. (3) Where the sheriff or the First-tier Tribunal refuses to make a time to pay order, he shall recall any interim order under section 6(3) of this Act. (4) The sheriff clerk or, in relation to time to pay directions made by the First-tier Tribunal, a member of administration staff of the First-tier Tribunal shall as soon as is reasonably practicable— (a) intimate the decision of the sheriff or the First-tier Tribunal on an application for a time to pay order (including any recall of an interim order under subsection (3) above) to the debtor , the creditor and, where an arrestment such as is mentioned in section 73J(1) of this Act is in effect, the arrestee; and (b) if the sheriff or the First-tier Tribunal has made a time to pay order, inform the creditor of the date when he intimated that fact to the debtor.

Your change, as a redline

7 Disposal of application.

(1) If no objection is made in pursuance of section 6(6)(a) of this Act, the sheriff or the First-tier Tribunal shall make a time to pay order in accordance with the application. (2) If such an objection is made, the sheriff or the First-tier Tribunal shall not dispose of the application without first— (a) giving the debtor an opportunity to make representations; and (b) if agreement is not reached as to whether a time to pay order should be made or as to its terms, giving the parties an opportunity to be heard. (3) Where the sheriff or the First-tier Tribunal refuses to make a time to pay order, he shall recall any interim order under section 6(3) of this Act. (4) The sheriff clerk or, in relation to time to pay directions made by the First-tier Tribunal, a member of administration staff of the First-tier Tribunal shall as soon as is reasonably practicable— (a) intimate the decision of the sheriff or the First-tier Tribunal on an application for a time to pay order (including any recall of an interim order under subsection (3) above) to the debtor , the creditor and, where an arrestment such as is mentioned in section 73J(1) of this Act is in effect, the arrestee; and (b) if the sheriff or the First-tier Tribunal has made a time to pay order, inform the creditor of the date when he intimated that fact to the debtor.

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