{
  "url": "https://openlegislation.uk/debt-arrangement-scheme-scotland-regulations-2004/regulation-2",
  "json_url": "https://openlegislation.uk/debt-arrangement-scheme-scotland-regulations-2004/regulation-2.json",
  "legislation": "ssi/2004/468",
  "legislation_title": "The Debt Arrangement Scheme (Scotland) Regulations 2004",
  "legislation_url": "https://openlegislation.uk/debt-arrangement-scheme-scotland-regulations-2004",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Interpretation: general",
  "text": "(1) In these Regulations–\n“the Act” means the Debt Arrangement and Attachment (Scotland) Act 2002;\n“the 1985 Act” means the Bankruptcy (Scotland) Act 1985;\n“the 1986 Act” means the Insolvency Act 1986;\n“continuing liability” means a payment due by a debtor, other than arrears of such a payment, in respect of–\n(a) a periodic payment due under a loan agreement secured by a standard security (mortgage payment);\n(b) rent;\n(c) an insurance premium;\n(d) a duty, local or general tax, or rate;\n(e) domestic water charge or domestic sewerage charge;\n(f) any aliment, periodical allowance, child maintenance or child support;\n(g) the supply of electricity, gas, or fixed line telephone services;\n(h) heating oil or solid fuel;\n(i) a hire purchase or conditional sale agreement; and\n(j) a criminal fine;\n“creditor” means, unless the context requires otherwise, a creditor other than a creditor in respect of–\n(a) a continuing liability;\n(b) a sum secured by a standard security, other than a sum specified in regulation 3(b)(i); or\n(c) a contingent liability that has not become purified;\n“DAS administrator” means–\n(a) the Scottish Ministers; or\n(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;\n“DAS Register” means the Debt Arrangement Scheme Register maintained under regulation 17;\n“decree” and “document of debt” shall be construed in accordance with section 10(5) (attachment) of the Act;\n“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;\n“money adviser” has the same meaning as in section 9(1) (interpretation of part) of the Act;\n“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;\n“protected trust deed” shall be construed in accordance with paragraph 8 of Schedule 5 (voluntary trust deeds for creditors) to the 1985 Act;\n“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;\n“standard security” means the form of heritable security enabled under section 9 of the Conveyancing and Feudal Reform (Scotland) Act 1970; and\n“trust deed” has the same meaning as in section 5(4A) of the 1985 Act.\n(2) 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.\n(3) 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, which has been recorded and is consequently capable of being reproduced.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1985 c. 66."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1986 c. 45."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1970 c. 35. Section 9 has not been relevantly amended."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "1985 c. 66. Section 4A was amended by the Bankruptcy (Scotland) Act 1993 (c. 6), section 3."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "2000 c. 7. Section 15 of the Electronic Communications Act 2000 (c. 7) contains a definition of “electronic communication”."
    }
  ],
  "outstanding_effects": [
    {
      "type": "words omitted",
      "affecting": "ssi/2009/234",
      "affecting_title": "The Debt Arrangement Scheme (Scotland) Amendment Regulations 2009"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2009/234",
      "affecting_title": "The Debt Arrangement Scheme (Scotland) Amendment Regulations 2009"
    },
    {
      "type": "am",
      "affecting": "ssi/2007/187",
      "affecting_title": "The Debt Arrangement Scheme (Scotland) Amendment (No. 2) Regulations 2007"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2004/468/regulation/2",
    "retrieved_at": "2026-10-28T22:29:09.597480+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."
}