{
  "url": "https://openlegislation.uk/debt-arrangement-and-attachment-scotland-act-2002/section-3",
  "json_url": "https://openlegislation.uk/debt-arrangement-and-attachment-scotland-act-2002/section-3.json",
  "legislation": "asp/2002/17",
  "legislation_title": "Debt Arrangement and Attachment (Scotland) Act 2002",
  "legislation_url": "https://openlegislation.uk/debt-arrangement-and-attachment-scotland-act-2002",
  "path": "section/3",
  "kind": "section",
  "number": "3",
  "heading": "Money advice",
  "text": "(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—\n(a) the debtor’s financial circumstances;\n(b) the effect of the proposed programme or, as the case may be, the proposed variation of the programme; and\n(c) the preparation of the application.\n(2) Such an application shall—\n(a) contain a ... declaration by the money adviser who provided the advice referred to in subsection (1) above that such advice has been given; and\n(b) specify the name and address of the money adviser.\n(3) Subsections (1) and (2) above are subject to any contrary provision in regulations made under section 7(1) below.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "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"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 3 in force at 30.11.2004 by S.S.I. 2004/416, art. 2(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2002/17/section/3",
    "retrieved_at": "2026-10-29T20:16:56.910761+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}