The pre-action requirements referred to in section 24(1C) of this Act are set out in subsections (2) to (6) below.
The creditor must provide the debtor with clear information about—
The creditor must make reasonable efforts to agree with the debtor proposals in respect of future payments to the creditor under the standard security and the fulfilment of any other obligation under the standard security in respect of which the debtor is in default.
The creditor must not make an application under section 24(1B) of this Act if the debtor is taking steps which are likely to result in—
The creditor must provide the debtor with information about sources of advice and assistance in relation to management of debt.
The creditor must encourage the debtor to contact the local authority in whose area the security subjects are situated.
In complying with the pre-action requirements the creditor must have regard to any guidance issued by the Scottish Ministers.
The Scottish Ministers may by order made by statutory instrument make further provision about the pre-action requirements, including provision—
A statutory instrument containing an order under subsection (8) above is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.