The Debt Arrangement Scheme (Scotland) Regulations 2011
S.S.I. 2011/141 · Made 17 February 2011 · Extends to Scotland
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
- Part 1: GENERAL
- 1Citation and commencement
- 2Interpretation: general
- 3Interpretation: debt
- 4Dispensing power
- 4ACorrection of accidental errors
- 5Fees
- 6Consequential amendments
- Part 2: MONEY ADVISERS
- 7Debtor to have an approved money adviser
- 8Approved categories of money advisers
- 8AApproved money advisers: legal persons and other entities
- 9Approval of a money adviser
- 10Persons who are not and may not be approved
- 11Revocation, or suspension, of approval of a money adviser
- 12Functions and duty of a money adviser
- 12AAdditional functions and duty of a money adviser: legal persons and other entities
- Part 3: PAYMENTS DISTRIBUTORS
- 13Payments distributors for a debt payment programme Repealed
- 14Approval of a payments distributor
- 15Revocation of approval of a payments distributor
- 16Functions and duty of a payments distributor
- 17Charges by a payments distributor
- Part 4: DEBT ARRANGEMENT SCHEME REGISTER
- 18Debt Arrangement Scheme Register
- 19Information on the DAS Register
- Part 5: APPROVAL OF DEBT PAYMENT PROGRAMMES
- 20Application for approval
- 21Debtors who may apply for approval
- 22Joint debt payment programme
- 22ADebt payment programme: legal persons and other entities
- 23Consent of creditors
- 23ACreditor’s authorised representative
- 24Approval of agreed programmes
- 25Approval by the DAS Administrator
- 26Notice of intention to approve, and approval of, a programme
- 27Standard conditions
- 28Discretionary conditions
- 29Notification of approval or rejection
- 30Diligence or sequestration in the period before a debt payment programme is approved
- Part 6: DEBT PAYMENT PROGRAMMES
- 31Methods of payment
- 32Payment instruction to employer
- 33Effect on a creditor
- 34Diligence: further provision as regards effect of debt payment programme
- 35Effect on trust deeds which are not protected
- Part 7: VARIATION OF DEBT PAYMENT PROGRAMMES
- 36Application for variation
- 36AProposal for variation: discharge of liability on compensation
- 36BProposal for variation: administrative changes or reduction in period
- 37Grounds for variation
- 38Approval of a variation
- 39Notification of approval or rejection of a variation
- 39AShort term financial crisis payment break
- Part 8: REVOCATION OF DEBT PAYMENT PROGRAMMES
- 40Revocation on sequestration or protected trust deed
- 40ADeath of a debtor
- 41Application for revocation
- 42Grounds for revocation
- 43Determination of a revocation
- 44Notification of revocation
- 44AEffect of revocation
- 45Apparent insolvency Repealed
- Part 9: COMPLETION OF A DEBT PAYMENT PROGRAMME
- 46Notice of completion
- Part 9A: COMPOSITION
- 46AOffer of composition
- 46BAcceptance of offer by creditors
- 46CNotice of completion on composition
- 46DVariation on composition
- Part 10: REVIEWS
- 47Application for review
- 47AProcedure at review
- 47BDecision
- Part 10A: APPEALS
- 47CAppeals
- Part 11: REVOCATIONS, SAVING AND TRANSITIONAL ARRANGEMENTS
- 48Revocation of Debt Arrangement Scheme regulations
- 49Savings and transitional arrangements
- 50Regulation 50
- 51Regulation 51
- Signature
- Schedule A1: Common Financial Tool
- 1Paragraph 1
- 2Paragraph 2
- 2AParagraph 2A
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Schedule 1FORMS
- Schedule 2: CONSEQUENTIAL AMENDMENTS
- 1Bankruptcy (Scotland) Act 1985
- 2Paragraph 2
- 3Debt Arrangement and Attachment (Scotland) Act 2002
- 4Protected Trust Deed (Scotland) Regulations 2008
- Schedule 3: MONEY ADVISER TRAINING
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 4PAYMENTS DISTRIBUTORS
- Schedule 5REVOCATIONS
- Explanatory note