{
  "url": "https://openlegislation.uk/debt-arrangement-scheme-scotland-amendment-regulations-2007/regulation-3",
  "json_url": "https://openlegislation.uk/debt-arrangement-scheme-scotland-amendment-regulations-2007/regulation-3.json",
  "legislation": "ssi/2007/262",
  "legislation_title": "The Debt Arrangement Scheme (Scotland) Amendment Regulations 2007",
  "legislation_url": "https://openlegislation.uk/debt-arrangement-scheme-scotland-amendment-regulations-2007",
  "path": "regulation/3",
  "kind": "regulation",
  "number": "3",
  "heading": "Amendments to the 2004 regulations",
  "text": "(1) The 2004 Regulations are amended as follows.\n(2) In regulation 38(1) (grounds for variation) for sub paragraph (b) substitute–\n“(b) on agreement between a debtor and a creditor that a liability of the debtor to repay a sum shall be discharged;\n(ba) as mentioned in paragraph (2) of regulation 49A if the debt payment programme is one in relation to which (by virtue of regulation 4 of the Debt Arrangement Scheme (Scotland) Amendment Regulations 2007) paragraph (1) of regulation 49A does not apply;”.\n(3) In regulation 39 (approval of a variation) in paragraph (1), for the words “or (b)” substitute “, (b) or (ba)”.\n(4) After regulation 49 insert–\n“Effect of completion of debt payment programme on debtor’s liability to pay interest, fees, penalties and other charges\n49A (1) Subject to the terms of any agreement under regulation 34 and to the provisions of that regulation, any interest, fees, penalties or other charges–\n(a) which are not owed as at the date on which a debt payment programme is approved; and\n(b) which (but for this paragraph) would, in relation to a debt included in the programme, become payable after that date,\nare not payable unless and until the debt payment programme is revoked and cease to be owed or payable if and when the debt payment programme is completed.\n(2) The application referred to in regulation 38(1)(ba) is an application by the debtor for a variation so that, subject to the terms of any agreement under regulation 34 and to the provisions of that regulation, any interest, fees, penalties or other charges–\n(a) which are not owed as at the date of the application; and\n(b) which (but for any such variation) would, in relation to a debt included in the debt payment programme in question, become payable after that date,\nwould not be payable unless and until the debt payment programme is revoked and would cease to be owed or payable if and when the debt payment programme is completed.\n(3) The amount of any such debt as is mentioned in paragraph (1)(b) or (2)(b) is the amount as detailed in the form 3 submitted, in respect of the debt payment programme, under regulation 20(2)(a) unless the debtor or creditor instead requires the DAS administrator to determine the amount of the debt (in which case it is the amount so determined).”.\n(5) In regulation 50 (appeals)–\n(a) after paragraph (3) insert–\n“(3A) As regards any debt included in a debt payment programme, the debtor or creditor may, on a point of law, appeal to the sheriff against a determination, under regulation 49A(3), of the DAS administrator.”; and\n(b) in paragraph (6)–\n“in sub paragraph (a), for the words “paragraphs (1), (2) or (3)” substitute “paragraph (1), (2), (3) or (3A).”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Paragraph (6) was substituted by regulation 14 of the Debt Arrangement Scheme (Scotland) Amendment Regulation 2004 (S.S.I. 2004/470)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2007/262/regulation/3",
    "retrieved_at": "2026-10-28T22:13:24.295037+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."
}