Act of Sederunt (Sheriff Court Bankruptcy Rules) 1996 Amendment 2004
This Act of Sederunt amends the Act of Sederunt (Sheriff Court Bankruptcy Rules) 1996 (“the Principal Rules”) in order to regulate the procedure in sequestration to take into account the Debt Arrangement Scheme (Scotland) Regulations 2004 (S.S.I. 2004/468) (as amended by the Debt Arrangement Scheme (Scotland) Amendment Regulations 2004 (S.S.I. 2004/470)) which come into force on 30th November 2004. In terms of section 4(3) of the Debt Arrangement and Attachment (Scotland) Act 2002, a creditor is not able to found on or concur in the founding on a debt covered by a debt payment programme as defined in section 2 of that Act. Neither may the creditor found on or concur in the founding on such a debt if he has been given notice in the prescribed form of the approval of a debt payment programme.