Statutory Instrument 2001 No. 3591 (S.19)

The Bankruptcy (Financial Services and Markets Act 2000) (Scotland) Rules 2001

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© Crown Copyright 2001

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Form of a demand
     3. A demand must - 

(a) be dated and signed by a member of the Authority' staff authorised by it for that purpose;

(b) specify that it is made under section 372(4)(a) of the Act;

(c) state the amount of the debt, to whom it is owed and the way in which it arises;

(d) state the grounds on which it is alleged that the individual appears to have no reasonable prospect of paying the debt;

(e) specify the name, address and telephone number of one or more persons with whom the individual may enter into communication with a view to establishing to the Authority's satisfaction that there is a reasonable prospect that the debt will be paid when it falls due or (as the case may be) that the debt will be secured or compounded; and

(f) include an explanation to the individual of the following matters:


(i) the purpose of the demand and the fact that, if the individual does not comply with the demand, the Authority may petition under section 5 of the Bankruptcy (Scotland) Act 1985[2] for the sequestration of his estate;

(ii) the time within which the demand must be complied with, if that consequence is to be avoided;

(iii) the methods of compliance which are open to the individual; and

(iv) the individual's right to apply to the court for the demand to be set aside.

Service of a demand
     4. The demand must be served on the individual by leaving it at his usual or last known address or by sending it by first class recorded delivery post to that address.

Application to set aside a demand
     5.  - (1) An individual may, within 18 days from the date of service on him of a demand, apply to the court by way of summary application for an order setting aside the demand.

    (2) The Authority must be cited as a defender to the summary application.

Setting aside a demand
     6.  - (1) The court must order the demand to be set aside if - 

(a) the individual appears to have a counterclaim or set-off which equals or exceeds the amount of the debt or debts specified in the demand;

(b) the debt is disputed on grounds which appear to the court to be substantial;

(c) it appears that the creditor holds some security in respect of the debt claimed by the demand and the court is satisfied that the value of the security equals or exceeds the full amount of the debt; or

(d) the court is satisfied, on other grounds, that the demand ought to be set aside.

    (2) The decision of the court on such an application is final.


Tony McNulty

Graham Stringer
Two of the Lords Commissioners of Her Majesty's Treasury

5th November 2001

[2] 1985 c. 66.back