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The Debt Arrangement Scheme (Scotland) Regulations 2011

S.S.I. 2011/141 · Made 17 February 2011 · Extends to Scotland

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 1 April 2025.

See the changes not yet applied
ProvisionChangeMade by
Sch. 2 para. 1 2revokedBankruptcy (Scotland) Act 2016 Sch. 9 Pt. 2

Debt

Made 17th February 2011

Laid before the Scottish Parliament 22nd February 2011

Coming into force 1st July 2011

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 2(3)(d), 4(5), 5(4), 6(1), 7 and 62(2) of the Debt Arrangement and Attachment (Scotland) Act 2002f1 and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

2002 asp 17 (“the Act”). Section 7 was amended by S.S.I. 2004/468 and the Bankruptcy and Diligence etc. (Scotland) Act 2007 asp 3 (“the 2007 Act”), sections 173, 209(1), 211 and 212 and schedule 4, paragraph 10, schedule 5, paragraph 30 and schedule 6, Part 1. Section 9(1) contains a definition of “prescribed” relevant to the exercise of 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. 4ACorrection of accidental errors
  7. 5Fees
  8. 6Consequential amendments
  9. Part 2: MONEY ADVISERS
  10. 7Debtor to have an approved money adviser
  11. 8Approved categories of money advisers
  12. 8AApproved money advisers: legal persons and other entities
  13. 9Approval of a money adviser
  14. 10Persons who are not and may not be approved
  15. 11Revocation, or suspension, of approval of a money adviser
  16. 12Functions and duty of a money adviser
  17. 12AAdditional functions and duty of a money adviser: legal persons and other entities
  18. Part 3: PAYMENTS DISTRIBUTORS
  19. 13Payments distributors for a debt payment programme Repealed
  20. 14Approval of a payments distributor
  21. 15Revocation of approval of a payments distributor
  22. 16Functions and duty of a payments distributor
  23. 17Charges by a payments distributor
  24. Part 4: DEBT ARRANGEMENT SCHEME REGISTER
  25. 18Debt Arrangement Scheme Register
  26. 19Information on the DAS Register
  27. Part 5: APPROVAL OF DEBT PAYMENT PROGRAMMES
  28. 20Application for approval
  29. 21Debtors who may apply for approval
  30. 22Joint debt payment programme
  31. 22ADebt payment programme: legal persons and other entities
  32. 23Consent of creditors
  33. 23ACreditor’s authorised representative
  34. 24Approval of agreed programmes
  35. 25Approval by the DAS Administrator
  36. 26Notice of intention to approve, and approval of, a programme
  37. 27Standard conditions
  38. 28Discretionary conditions
  39. 29Notification of approval or rejection
  40. 30Diligence or sequestration in the period before a debt payment programme is approved
  41. Part 6: DEBT PAYMENT PROGRAMMES
  42. 31Methods of payment
  43. 32Payment instruction to employer
  44. 33Effect on a creditor
  45. 34Diligence: further provision as regards effect of debt payment programme
  46. 35Effect on trust deeds which are not protected
  47. Part 7: VARIATION OF DEBT PAYMENT PROGRAMMES
  48. 36Application for variation
  49. 36AProposal for variation: discharge of liability on compensation
  50. 36BProposal for variation: administrative changes or reduction in period
  51. 37Grounds for variation
  52. 38Approval of a variation
  53. 39Notification of approval or rejection of a variation
  54. 39AShort term financial crisis payment break
  55. Part 8: REVOCATION OF DEBT PAYMENT PROGRAMMES
  56. 40Revocation on sequestration or protected trust deed
  57. 40ADeath of a debtor
  58. 41Application for revocation
  59. 42Grounds for revocation
  60. 43Determination of a revocation
  61. 44Notification of revocation
  62. 44AEffect of revocation
  63. 45Apparent insolvency Repealed
  64. Part 9: COMPLETION OF A DEBT PAYMENT PROGRAMME
  65. 46Notice of completion
  66. Part 9A: COMPOSITION
  67. 46AOffer of composition
  68. 46BAcceptance of offer by creditors
  69. 46CNotice of completion on composition
  70. 46DVariation on composition
  71. Part 10: REVIEWS
  72. 47Application for review
  73. 47AProcedure at review
  74. 47BDecision
  75. Part 10A: APPEALS
  76. 47CAppeals
  77. Part 11: REVOCATIONS, SAVING AND TRANSITIONAL ARRANGEMENTS
  78. 48Revocation of Debt Arrangement Scheme regulations
  79. 49Savings and transitional arrangements
  80. 50Regulation 50
  81. 51Regulation 51
  82. Signature
  83. Schedule A1: Common Financial Tool
  84. 1Paragraph 1
  85. 2Paragraph 2
  86. 2AParagraph 2A
  87. 3Paragraph 3
  88. 4Paragraph 4
  89. 5Paragraph 5
  90. 6Paragraph 6
  91. 7Paragraph 7
  92. Schedule 1FORMS
  93. Schedule 2: CONSEQUENTIAL AMENDMENTS
  94. 1Bankruptcy (Scotland) Act 1985
  95. 2Paragraph 2
  96. 3Debt Arrangement and Attachment (Scotland) Act 2002
  97. 4Protected Trust Deed (Scotland) Regulations 2008
  98. Schedule 3: MONEY ADVISER TRAINING
  99. 1Paragraph 1
  100. 2Paragraph 2
  101. 3Paragraph 3
  102. 4Paragraph 4
  103. 5Paragraph 5
  104. 6Paragraph 6
  105. Schedule 4PAYMENTS DISTRIBUTORS
  106. Schedule 5REVOCATIONS
  107. Explanatory note