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Business Bulletin No. 139/2002

Monday 30 September 2002

Section G: Bills: Notices and Amendments


New amendments to Bills lodged on 27 September 2002

Debt Arrangement and Attachment (Scotland) Bill – Stage 2

Section 2

Robert Brown

60 In section 2, page 2, line 14, at end insert—

<(4A) In the event that an application for a debt payment programme is remitted to the sheriff for determination by virtue of provision in regulations made under section 7(2)(i) below, the programme shall, in the period between the application being so remitted and being determined by the sheriff, operate as if it had been approved.>

Section 4

Robert Brown

61 In section 4, page 3, line 10, at end insert <or to take action against a security held in connection with,>

Section 5

Robert Brown

62 In section 5, page 3, line 25, at end insert—

<(2A) A debt payment programme may be varied to extend the period over which the debts included in the programme are to be paid beyond the period specified in or prescribed under section 2(5A) above.>

Section 6

Robert Brown

63 In section 6, page 3, line 37, at end insert—

<( ) It is not competent for an approved debt payment programme to require sums to be paid to the payments distributor by way of deduction of the debtor’s earnings from employment in any case where the debtor has demonstrated to the satisfaction of the Scottish Ministers that, if the debtor’s employer became aware of the debt payment programme, the debtor’s job may be at risk.>

Section 7

Robert Brown

64 In section 7, page 4, line 29, at end insert—

<( ) the circumstances in which a debt payment programme may be varied under section 5(2A) above; >

Karen Whitefield

65 In section 7, page 5, line 12, at end insert—

<( ) The regulations may also—

(a) make different provision in relation to such different types of debtors, debts or other matters as may be described by the Scottish Ministers;

(b) provide that such different provision is to have effect only for such period as is specified by the Scottish Ministers; and

(c) provide that, on the expiry of that period, the Scottish Ministers may determine that the different provision to which it relates is to—

(i) continue to have effect without limit of time;

(ii) continue to have effect for such further period as may be determined by the Scottish Ministers; or

(iii) cease to have effect.>