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Section 3 Money adviceC1I1

Scotland

(1)

A debtor is not entitled to make an application for the approval, or the variation, of a debt payment programme unless the debtor has obtained the advice of a money adviser in relation to—

(a)

the debtor’s financial circumstances;

(b)

the effect of the proposed programme or, as the case may be, the proposed variation of the programme; and

(c)

the preparation of the application.

(2)

Such an application shall—

(a)

contain a F1... declaration by the money adviser who provided the advice referred to in subsection (1) above that such advice has been given; and

(b)

specify the name and address of the money adviser.

F2(3)

Subsections (1) and (2) above are subject to any contrary provision in regulations made under section 7(1) below.

Annotations

Textual amendments

F1

Word in s. 3(2)(a) omitted (1.7.2011) by virtue of The Debt Arrangement Scheme (Scotland) Regulations 2011 (S.S.I. 2011/141), reg. 20(5) (with regs. 49-51)

F2

S. 3(3) inserted (8.3.2007) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 212(3), 227(3) (with s. 223); S.S.I. 2007/82, art. 3(b)

Modifications

C1

Pt. 1 modified (30.11.2004) by Debt Arrangement and Attachment (Scotland) Act 2002 (Transfer of Functions to the Accountant in Bankruptcy) Order 2004 (S.S.I. 2004/448), arts. 1, 3

Commencement

I1

S. 3 in force at 30.11.2004 by S.S.I. 2004/416, art. 2(2)