{
  "url": "https://openlegislation.uk/debt-arrangement-scheme-scotland-regulations-2011/regulation-12",
  "json_url": "https://openlegislation.uk/debt-arrangement-scheme-scotland-regulations-2011/regulation-12.json",
  "legislation": "ssi/2011/141",
  "legislation_title": "The Debt Arrangement Scheme (Scotland) Regulations 2011",
  "legislation_url": "https://openlegislation.uk/debt-arrangement-scheme-scotland-regulations-2011",
  "path": "regulation/12",
  "kind": "regulation",
  "number": "12",
  "heading": "Functions and duty of a money adviser",
  "text": "(1) It is a function of a money adviser , using the Common Financial Tool in the case of a debt payment programme for an individual, to—\n(a) provide money advice to a debtor;\n(b) liaise with creditors on behalf of a debtor;\n(c) assist a debtor with, and advise on an application—\n(i) for approval, variation or revocation of a debt payment programme; or\n(ii) for review of a determination under regulation 47.\n(d) prepare and submit on behalf of a debtor an application under these Regulations , in accordance with the Common Financial Tool in the case of a debt payment programme for an individual;\n(e) 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\n(f) act as a lay representative in a court, where the adviser has accepted instructions by a debtor to act.\n(1A) Where a money adviser—\n(a) provides ongoing advice to the debtor and carries out administrative functions during the period of the debt payment programme; or\n(b) advises a debtor which is a legal person, trust or unincorporated body of persons,\n(“a continuing money adviser”), it is also a function of that adviser to carry out the functions in paragraph (3).\n(2) A money adviser must not charge a fee for the adviser’s services to a debtor who is an individual.\n(3) The functions of a continuing money adviser referred to in paragraph (1A) are, following the submission of an application under these Regulations—\n(a) to review a debt payment programme in every twelfth month of operation (in accordance with the Common Financial Tool in the case of a debt payment programme for an individual); ...\n(b) as soon as reasonably practicable to provide written notice to the DAS Administrator of—\n(i) any appointment or resignation of the adviser or any nominated person under regulation 22A(7)(b);\n(ii) on any resignation, why the money adviser or any nominated person under regulation 22A(7)(b) ceased to act; ...\n(iia) on any resignation, the full name and business address of the replacement money adviser or nominated person; and\n(iii) any change of the debtor’s address ; and\n(c) 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.\n(4) Where there is no continuing money adviser for a debt payment programme under paragraph (1A), the DAS Administrator—\n(a) 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\n(b) 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.\n(5) A money adviser must have regard to guidance issued by the DAS Administrator when carrying out a function of an adviser.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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))"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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))"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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))"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "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))"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "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))"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "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))"
    },
    {
      "type": "F",
      "label": "F14",
      "text": "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)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 12 in force at 1.7.2011, see reg. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2011/141/regulation/12",
    "retrieved_at": "2026-10-28T21:50:24.069321+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."
}