SHERIFF COURT Citation and commencement 1 This Act of Sederunt– a may be cited as the Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) Amendment (The Debt Arrangement Scheme (Scotland) Regulations 2004) 2004; b shall come into force on 30th November 2004; and c shall be inserted in the Books of Sederunt. Amendment and revocation of the principal Rules 2 1 In the Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002 , Schedule 1 (Rules for applications in the Sheriff Court under the Debt Arrangement and Attachment (Scotland) Act 2002) is amended in accordance with the following paragraphs. 2 After Chapter 3 (Attachment: Articles kept within dwellinghouses) insert– CHAPTER 4 THE DEBT ARRANGEMENT SCHEME (SCOTLAND) REGULATIONS 2004 Interpretation 37 1 In this Chapter, “ the Regulations ” means the Debt Arrangement Scheme (Scotland) Regulations 2004 . 2 Any reference in this Chapter to a “regulation” shall be a reference to a regulation of the Regulations. Applications for approval by sheriff of debt payment programme 38 1 An application to the sheriff for approval of a debt payment programme under regulation 27 of the Regulations shall be in Form 29. 2 An application to which paragraph (1) applies shall be lodged with the sheriff clerk who shall– a fix a date for the hearing of the application (which date shall be not less than 7 days from the date of intimation made under sub-paragraph (c)); b obtain from the sheriff a warrant to intimate the application to the debtor and the creditors; c intimate the application and warrant to the debtor and the creditors; d intimate the warrant to the applicant; and e complete a certificate of intimation. 3 A warrant for intimation referred to in this rule shall be in Form 30. 4 A certificate of intimation referred to in this rule shall be in Form 31. 5 An interlocutor granted by the sheriff determining the application for approval of a debt payment programme shall be in Form 32. 39 1 At a hearing fixed under rule 38(2)(a), the sheriff having heard interested parties– a shall grant the application in terms of regulation 27(1) if he is satisfied that the programme is fair and reasonable; b may require of any of the parties further information before making any determination; or c may adjourn the hearing and make the determination at the adjourned hearing. 2 In determining whether a programme is fair and reasonable, the sheriff shall have regard to the matters referred to in regulation 26(2). 3 An approval under rule 39(1)(a) may be made subject to a condition under regulation 30. Applications for approval by sheriff of variation of debt payment plan 40 1 An application to the sheriff for approval of a variation of a debt payment programme under regulation 39(3) shall be in Form 33. 2 An application to which paragraph (1) applies shall be lodged with the sheriff clerk who shall– a fix a date for the hearing of the application (which date shall be not less than 7 days from the date of intimation made under sub-paragraph (c)); b obtain from the sheriff a warrant to intimate the application to the debtor and the creditors; c intimate the application and warrant to the debtor and the creditors; d intimate the warrant to the applicant; and e complete a certificate of intimation. 3 A warrant for intimation referred to in this rule shall be in Form 30. 4 A certificate of intimation referred to in this rule shall be in Form 31. 5 An interlocutor granted by the sheriff determining an application for variation shall be in Form 34. 41 1 At a hearing fixed under rule 40(2)(a), the sheriff having heard interested parties– a shall grant the application in terms of regulation 39(3) if, having regard to the matters referred to in regulation 39(4), he is satisfied that the programme is fair and reasonable; b may require of any of the parties further information before making any determination; or c may adjourn the hearing and make the determination at the adjourned hearing. 2 An approval under rule 41(1)(a) may be made subject to a condition under regulation 30. . 3 In Appendix 1 of Schedule 1 (Forms) after Form 28 insert Forms 29 to 34 as set out in the Schedule to this Act of Sederunt. CULLEN OF WHITEKIRK Lord President I.P.D. Edinburgh 22nd November 2004