Regulation 12 Functions and duty of a money adviserI1
Scotland
It is a function of a money adviser F1, using the Common Financial Tool in the case of a debt payment programme for an individual, to—
provide money advice to a debtor;
liaise with creditors on behalf of a debtor;
assist a debtor with, and advise on an application—
for approval, variation or revocation of a debt payment programme; or
for review of a determination under regulation 47.
prepare and submit on behalf of a debtor an application under these Regulations F3, in accordance with the Common Financial Tool in the case of a debt payment programme for an individual;
provide, as required by the DAS Administrator, evidence of or information about the participation of a debtor in a debt payment programme (including the debtor’s consent to any application for approval, variation or revocation in relation to which the adviser provided money advice); and
act as a lay representative in a court, where the adviser has accepted instructions by a debtor to act.
Where a money adviser—
provides ongoing advice to the debtor and carries out administrative functions during the period of the debt payment programme; or
advises a debtor which is a legal person, trust or unincorporated body of persons,
(“a continuing money adviser”), it is also a function of that adviser to carry out the functions in paragraph (3).
A money adviser must not charge a fee for the adviser’s services to a debtor who is an individual.
F6The functions of a continuing money adviser referred to in paragraph (1A) are, following the submission of an application under these Regulations—
as soon as reasonably practicable to provide written notice to the DAS Administrator of—
any appointment or resignation of the adviser F9or any nominated person under regulation 22A(7)(b);
on any resignation, the full name and business address of the replacement money adviser or nominated person; and
any change of the debtor’s address F13; and
provide, as required by the DAS Administrator, information about the amount charged as a fee to a debtor for the adviser’s services in a debt payment programme.
Where there is no continuing money adviser for a debt payment programme under paragraph F14(1A), the DAS Administrator—
must in every twelfth month of the operation of the programme, invite the debtor to provide a statement of the debtor’s current financial circumstances; and
may, on receipt, notify the debtor that the debtor may wish to take the advice of a money adviser on a review of the programme.
A money adviser must have regard to guidance issued by the DAS Administrator when carrying out a function of an adviser.
Annotations
Textual amendments
- F1
Words in reg. 12(1) inserted (1.4.2015) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(3), 8(1)(a) (with reg. 23(1)-(3))
- F2
Reg. 12(1)(c) substituted (2.7.2013) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2013 (S.S.I. 2013/225), regs. 1(2), 16(2) (with reg. 20(2))
- F3
Words in reg. 12(1)(d) inserted (1.4.2015) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(3), 8(1)(b) (with reg. 23(1)-(3))
- F4
Reg. 12(1A) inserted (4.11.2019) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2019 (S.S.I. 2019/315), regs. 1, 4(2)(a) (with reg. 13)
- F5
Reg. 12(2) substituted (4.11.2019) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2019 (S.S.I. 2019/315), regs. 1, 4(2)(b) (with reg. 13)
- F6
Words in reg. 12(3) substituted (4.11.2019) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2019 (S.S.I. 2019/315), regs. 1, 4(2)(c) (with reg. 13)
- F7
Words in reg. 12(3)(a) inserted (1.4.2015) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(3), 8(2) (with reg. 23(1)-(3))
- F8
Word in reg. 12(3) omitted (2.7.2013) by virtue of The Debt Arrangement Scheme (Scotland) Amendment Regulations 2013 (S.S.I. 2013/225), regs. 1(2), 6(3)(i) (with reg. 20(1))
- F9
Words in reg. 12(3)(b)(i) inserted (11.12.2014) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(2), 7(b)
- F10
Words in reg. 12(3)(b)(ii) inserted (11.12.2014) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(2), 7(b)
- F11
Word in reg. 12(3)(b) omitted (11.12.2014) by virtue of The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(2), 7(c)(i)
- F12
Reg. 12(3)(b)(iia) inserted (11.12.2014) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(2), 7(c)(ii)
- F13
Reg. 12(3)(c) and word inserted (2.7.2013) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2013 (S.S.I. 2013/225), regs. 1(2), 6(3)(ii) (with reg. 20(1))
- F14
Word in reg. 12(4) substituted (4.11.2019) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2019 (S.S.I. 2019/315), regs. 1, 4(2)(d) (with reg. 13)