Textual Amendments
F1Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.
Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, rule 3.24, Sch. 3
Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)
7.3.(1)This rule applies to a cause in which
[F3(a)] a time to pay direction may be applied for under the Debtors (Scotland) Act 1987 [F4; or
(b)a time order may be applied for under the Consumer Credit Act 1974]
(2)A defender in a cause which is otherwise undefended, who wishes to apply for a time to pay direction [F5or time order], and where appropriate, to have an arrestment recalled or restricted, shall complete and lodge with the sheriff clerk the appropriate part of Form O3 before the expiry of the period of notice.
[F6(2A)As soon as possible after the application of the defender is lodged, the sheriff clerk shall send a copy of it to the pursuer by first class ordinary post.]
(3)Where the pursuer does not object to the application of the defender made in accordance with paragraph (2), he shall minute for decree in accordance with rule 7.2; and the sheriff may grant decree or other order in terms of the application and minute.
[F7(4)Where the pursuer objects to the application of the defender made in accordance with paragraph (2) he shall on the same date—
(a)complete and lodge with the sheriff clerk Form O3A;
(b)minute for decree in accordance with rule 7.2; and
(c)send a copy of Form O3A to the defender.
(4A)The sheriff clerk shall then fix a hearing on the application of the defender and intimate the hearing to the pursuer and the defender.
(4B)The hearing must be fixed for a date within 28 days of the date on which the Form O3A and the minute for decree are lodged.]
(5)The sheriff may determine an application in which a hearing has been fixed under paragraph (4) whether or not any of the parties appear.
Textual Amendments
F2Words in Sch. 1 rule 7.3 cross-heading inserted (29.1.2007) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2007 (S.S.I. 2007/6), para. 2(7)(a)
F3Words in Sch. 1 rule 7.3(1) numbered as sub-paragraph (a) (29.1.2007) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2007 (S.S.I. 2007/6), para. 2(7)(b)(i)
F4Sch. 1 rule 7.3(1)(b) and word inserted (29.1.2007) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2007 (S.S.I. 2007/6), para. 2(7)(b)(ii)
F5Words in Sch. 1 rule 7.3(2) inserted (29.1.2007) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2007 (S.S.I. 2007/6), para. 2(7)(c)
F6Sch. 1 rule 7.3(2A) inserted (1.12.2009) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009 (S.S.I. 2009/294), paras. 1(2), 2(3)(a) (with para. 6)
F7Sch. 1 rule 7.3(4)-(4B) substituted (1.12.2009) for rule 7.3(4) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009 (S.S.I. 2009/294), paras. 1(2), 2(3)(b) (with para. 6)