# The Debt Arrangement Scheme (Scotland) Regulations 2011, Regulation 12: Functions and duty of a money adviser

Extent: S

(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—
(a) provide money advice to a debtor;
(b) liaise with creditors on behalf of a debtor;
(c) assist a debtor with, and advise on an application—
(i) for approval, variation or revocation of a debt payment programme; or
(ii) for review of a determination under regulation 47.
(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;
(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
(f) act as a lay representative in a court, where the adviser has accepted instructions by a debtor to act.
(1A) Where a money adviser—
(a) provides ongoing advice to the debtor and carries out administrative functions during the period of the debt payment programme; or
(b) 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).
(2) A money adviser must not charge a fee for the adviser’s services to a debtor who is an individual.
(3) The functions of a continuing money adviser referred to in paragraph (1A) are, following the submission of an application under these Regulations—
(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); ...
(b) as soon as reasonably practicable to provide written notice to the DAS Administrator of—
(i) any appointment or resignation of the adviser or any nominated person under regulation 22A(7)(b);
(ii) on any resignation, why the money adviser or any nominated person under regulation 22A(7)(b) ceased to act; ...
(iia) on any resignation, the full name and business address of the replacement money adviser or nominated person; and
(iii) any change of the debtor’s address ; and
(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.
(4) Where there is no continuing money adviser for a debt payment programme under paragraph (1A), the DAS Administrator—
(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
(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.
(5) A money adviser must have regard to guidance issued by the DAS Administrator when carrying out a function of an adviser.

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Source: https://www.legislation.gov.uk/ssi/2011/141/regulation/12 (the official version)
Page: https://openlegislation.uk/debt-arrangement-scheme-scotland-regulations-2011/regulation-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.