Regulation 2 Interpretation: general

In these Regulations–

• “the Act” means the Debt Arrangement and Attachment (Scotland) Act 2002;

• “the 1985 Act” means the Bankruptcy (Scotland) Act 1985^f1;

• “the 1986 Act” means the Insolvency Act 1986^f2;

• “continuing liability” means a payment due by a debtor, other than arrears of such a payment, in respect of–

  1. (a)

     a periodic payment due under a loan agreement secured by a standard security (mortgage payment);

  2. (b)

     rent;

  3. (c)

     an insurance premium;

  4. (d)

     a duty, local or general tax, or rate;

  5. (e)

     domestic water charge or domestic sewerage charge;

  6. (f)

     any aliment, periodical allowance, child maintenance or child support;

  7. (g)

     the supply of electricity, gas, or fixed line telephone services;

  8. (h)

     heating oil or solid fuel;

  9. (i)

     a hire purchase or conditional sale agreement; and

  10. (j)

      a criminal fine;

• “creditor” means, unless the context requires otherwise, a creditor other than a creditor in respect of–

  1. (a)

     a continuing liability;

  2. (b)

     a sum secured by a standard security, other than a sum specified in regulation 3(b)(i); or

  3. (c)

     a contingent liability that has not become purified;

• “DAS administrator” means–

  1. (a)

     the Scottish Ministers; or

  2. (b)

     any person or body who may exercise the functions of the Scottish Ministers by virtue of an order made under section 8 (functions of the Scottish Ministers) of the Act;

• “DAS Register” means the Debt Arrangement Scheme Register maintained under regulation 17;

• “decree” and “document of debt” shall be construed in accordance with section 10(5) (attachment) of the Act;

• “MATRICS” means Money Advice Training, Resources, Information and Consultancy Services, administered jointly by Citizens Advice Scotland of 1st Floor, Spectrum House, 2 Powderhall Road, Edinburgh EH7 4GB, and Money Advice Scotland of Suite 306, Pentagon Centre, 36 Washington Street, Glasgow, G3 8AZ;

• “money adviser” has the same meaning as in section 9(1) (interpretation of part) of the Act;

• “payments distributor” means a person or body approved by the Scottish Ministers for the purpose of performing the functions of a payments distributor under the Act;

• “protected trust deed” shall be construed in accordance with paragraph 8 of Schedule 5 (voluntary trust deeds for creditors) to the 1985 Act;

• “sheriff” and “sheriff principal” mean respectively the sheriff of the sheriff court district, and the sheriff principal of the sheriffdom, in which a debtor habitually resides;

• “standard security” means the form of heritable security enabled under section 9 of the Conveyancing and Feudal Reform (Scotland) Act 1970^f3; and

• “trust deed” has the same meaning as in section 5(4A) of the 1985 Act^f4.

A form referred to by number in these Regulations means the form so numbered in Schedule 1, or a form of substantially the same effect with such variation as the circumstances may require.

Any reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000^f5, which has been recorded and is consequently capable of being reproduced.