Act of Sederunt (Rules of the Court of Session Amendment No.5) (Time to pay directions) 1988
| Jurisdiction | UK Non-devolved |
| Citation | SI 1988/2060 |
| Year | 1988 |
1988 No. 2060 (S.196)
COURT OF SESSION, SCOTLAND
Act of Sederunt (Rules of the Court of Session Amendment No.5) (Time to pay directions) 1988
Made 24th November 1988
Coming into force 30th November 1988
The Lords of Council and Session, under and by virtue of the powers conferred on them by section 5 of the Court of Session Act 19881and of all other powers enabling them in that behalf, do hereby enact and declare:
Citation and commencement
1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No .5) (Time to pay directions) 1988 and shall come into force on 30th November 1988.
(2) This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of the Rules of the Court of Session
2.—(1) The Rules of the Court of Session2shall be amended in accordance with the following sub-paragraphs.
(2) After rule 88, insert the following rules:—
“TIME TO PAY DIRECTIONS
SECTION 2A.—(88A) Interpretation and application
(1)
(1) In this section, “the Act of 1987” means the Debtors (Scotland) Act 19873.
(2)
(2) Words and expressions used in this section which are also used in the Act of 1987 have the same meaning as in that Act.
(88B) Notice about time to pay directions
(1)
(1) In an action in which a defender may apply for a time to pay direction under section 1(1) of the Act of 1987, the pursuer shall serve on that defender a notice in form 65 and an application in form 66 at the same time as service of the summons or pleadings as amended by a minute of amendment calling him as a defender.
(2)
(2) Before serving a notice and an application under paragraph (1), the pursuer shall insert in form 65 the date by which form 66 must be returned to the court by the defender (being the date on which the induciae expire) and shall complete Part A of form 66.
(88C) Applications for time to pay directions in undefended actions
(1)
(1) Where a defender does not enter appearance in an action and intends to apply for a time to pay direction and, where appropriate, recall or restriction of an arrestment, he shall complete and return the application in form 66 to the court before the date stated in form 65.
(2)
(2) Where the pursuer does not object to the application by a defender for a time to pay direction or the recall of restriction of an arrestment, he may enrol for decree in absence in terms of rule 89 stating that he does not object to the application.
(3)
(3) Where the pursuer objects to the application by a defender for a time to pay direction or the recall or restriction of an arrestment, he shall intimate—
(a) the motion for decree in absence in terms of rule 89; and
(b) the grounds of objection to the application by the defender,
in form 67 to the defender on an induciae of 7 days.
(4)
(4) On enrolling a motion for decree in absence, the pursuer shall lodge a copy of the form 67 intimated to the defender.
(5)
(5) The defender need not appear at the hearing of the motion for decree in absence and may send to the Deputy Principal Clerk written representations in response to the note of objections of the pursuer.
(6)
(6) A motion...
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