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The Debt Arrangement Scheme (Scotland) Regulations 2004

S.S.I. 2004/468 · Made 1 November 2004

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DEBT

DILIGENCE

Made 1st November 2004

Coming into force 15th November 2004

The Scottish Ministers, in exercise of the powers conferred by sections 2(3) and (4), 4(5), 5(4), 6(1), 7 and 62(2) of the Debt Arrangement and Attachment (Scotland) Act 2002f1 and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has, in accordance with section 62(4) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Annotations to the whole text

Footnotes

f1

2002 asp 17. Section 9(1) contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made.

Contents

  1. Part 1: GENERAL
  2. 1Citation and commencement
  3. 2Interpretation: general
  4. 3Interpretation: debt
  5. 4Dispensing power
  6. 5Fees
  7. 6Consequential amendments
  8. Part 2: MONEY ADVISERS
  9. 7Debtor to have a money adviser
  10. 8Approval of a money adviser
  11. 9Revocation, or suspension, of approval of a money adviser
  12. 10Persons who may not be approved
  13. 11Functions and duty of a money adviser
  14. 12Notices by a money adviser: general
  15. Part 3: PAYMENTS DISTRIBUTORS
  16. 13Approval of a payments distributor
  17. 14Revocation of approval of a payments distributor
  18. 15Functions and duty of a payments distributor
  19. 16Charges by a payments distributor
  20. Part 4: DEBT ARRANGEMENT SCHEME REGISTER
  21. 17Debt Arrangement Scheme Register
  22. 18Information on the DAS Register
  23. 19Access to, and use of, information on the DAS Register
  24. Part 5: APPROVAL OF DEBT PAYMENT PROGRAMMES
  25. 20Application for approval
  26. 21Debtors who may apply for approval
  27. 22Consent of every creditor
  28. 23Objection by a creditor
  29. 24Composition and waiver of interest
  30. 25Approval of agreed programmes
  31. 26Approval by the DAS administrator
  32. 27Approval by the sheriff
  33. 28Notice of intention to approve, and approval of, a programme
  34. 29Standard conditions
  35. 30Discretionary conditions
  36. 31Notification of approval or rejection
  37. Part 6: DEBT PAYMENT PROGRAMMES
  38. 32Methods of payment
  39. 33Payment instruction to employer
  40. 34Continuing liabilities
  41. 35Effect on a creditor
  42. 36Effect on a debtor
  43. Part 7: VARIATION OF DEBT PAYMENT PROGRAMMES
  44. 37Application for variation
  45. 38Grounds for variation
  46. 39Approval of a variation
  47. 40Notification of approval or rejection of a variation
  48. Part 8: REVOCATION OF DEBT PAYMENT PROGRAMMES
  49. 41Revocation on sequestration
  50. 42Application for revocation
  51. 43Grounds for revocation
  52. 44Determination of a revocation
  53. 45Notification of revocation
  54. 46Apparent insolvency
  55. Part 9: COMPLETION OF A DEBT PAYMENT PROGRAMME
  56. 47Report of completion
  57. 48Notices by a money adviser: completion
  58. 49Notification of completion
  59. Part 10: APPEALS
  60. 50Appeals
  61. Signature
  62. Schedule 1
  63. The Debt Arrangement Scheme (Scotland) Regulations 2004
  64. The Debt Arrangement Scheme (Scotland) Regulations 2004
  65. The Debt Arrangement Scheme (Scotland) Regulations 2004
  66. The Debt Arrangement Scheme (Scotland) Regulations 2004
  67. The Debt Arrangement Scheme (Scotland) Regulations 2004
  68. The Debt Arrangement Scheme (Scotland) Regulations 2004
  69. The Debt Arrangement Scheme (Scotland) Regulations 2004
  70. The Debt Arrangement Scheme (Scotland) Regulations 2004
  71. The Debt Arrangement Scheme (Scotland) Regulations 2004
  72. The Debt Arrangement Scheme (Scotland) Regulations 2004
  73. The Debt Arrangement Scheme (Scotland) Regulations 2004
  74. The Debt Arrangement Scheme (Scotland) Regulations 2004
  75. The Debt Arrangement Scheme (Scotland) Regulations 2004
  76. The Debt Arrangement Scheme (Scotland) Regulations 2004
  77. The Debt Arrangement Scheme (Scotland) Regulations 2004
  78. Schedule 2FEES
  79. Schedule 3: CONSEQUENTIAL AMENDMENTS
  80. Bankruptcy (Scotland) Act 1985
  81. 1Paragraph 1
  82. 2Paragraph 2
  83. Mortgage Rights (Scotland) Act 2001
  84. 3Paragraph 3
  85. Debt Arrangement and Attachment (Scotland) Act 2002
  86. 4Paragraph 4
  87. Schedule 4: MONEY ADVISER TRAINING
  88. 1Paragraph 1
  89. 2Paragraph 2
  90. 3Paragraph 3
  91. 4Paragraph 4
  92. 5Paragraph 5
  93. 6Paragraph 6
  94. Schedule 5PAYMENTS DISTRIBUTORS
  95. 1Paragraph 1
  96. 2Paragraph 2
  97. 3Paragraph 3
  98. 4Paragraph 4
  99. 5Paragraph 5
  100. 6Paragraph 6
  101. 7Paragraph 7
  102. 8Paragraph 8
  103. Explanatory note