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Regulation 17 Charges by a payments distributorI1

Scotland

(1)

In the exercise of a function under the Act or these Regulations, a payments distributor—

(a)

must make no charge of any kind to a debtor for payments distribution; F1...

F2(b)

in the case of a debt payment programme for an individual, must charge an administration fee to a creditor taking part in a debt payment programme in accordance with paragraph (2); and

(c)

in the case of a debt payment programme for a legal person, trust or unincorporated body of persons, may charge an administration fee to a creditor taking part in a debt payment programme in accordance with paragraph (3).

F3(2)

In the case of a debt payment programme for an individual, the administration fee, including any VAT incurred, is 20% of the sum due to be paid to a creditor in a distribution by the distributor.

(3)

In the case of a debt payment programme for a legal person, trust or unincorporated body of persons, the administration fee, including any VAT incurred, must be no more than 8% of the sum due to be paid to a creditor in a distribution by the distributor.

Annotations

Textual amendments

F1

Word in reg. 17(1)(a) omitted (4.11.2019) by virtue of The Debt Arrangement Scheme (Scotland) Amendment Regulations 2019 (S.S.I. 2019/315), regs. 1, 4(6)(a)(i) (with reg. 13)

F2

Reg. 17(1)(b)(c) substituted for reg. 17(1)(b) (4.11.2019) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2019 (S.S.I. 2019/315), regs. 1, 4(6)(a)(ii) (with reg. 13)

F3

Reg. 17(2)(3) substituted for reg. 17(2) (4.11.2019) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2019 (S.S.I. 2019/315), regs. 1, 4(6)(b) (with reg. 13)

Commencement

I1

Reg. 17 in force at 1.7.2011, see reg. 1