# The Debt Arrangement Scheme (Scotland) Regulations 2011, Regulation 2: Interpretation: general

Extent: S

(1) In these Regulations—
“the Act” means the Debt Arrangement and Attachment (Scotland) Act 2002;
“the 1985 Act” means the Bankruptcy (Scotland) Act 1985;
“the 1986 Act” means the Insolvency Act 1986;
“AiB” has the meaning given in section 228 of the Bankruptcy (Scotland) Act 2016;
“appeal” means an appeal under regulation 47C;
“charity” means a body entered in the Scottish Charity Register under the Charities and Trustee Investment (Scotland) Act 2005;
“Common Financial Statement” means the style and format for income and expenditure categories under that title (and, where relevant, related spread sheets, budget sheets, trigger figures, guidance materials and notes) published by the Money Advice Trust;
“Common Financial Tool” means the method of assessing the amount of a debtor’s assets, income, liabilities and expenditure provided for under section 5D (assessment of debtor’s contribution) of the 1985 Act modified in accordance with Schedule A1;
“creditor” means, unless the context requires otherwise, a creditor other than a creditor in respect of—
(a)a continuing liability
(b)a sum secured by a standard security, other than a sum specified in regulation 3(1)(b); or
(c)a contingent liability that has not become purified.
“continuing liability” means a payment due by a debtor, other than arrears of such a payment, in respect of—
(a)a periodic payment due under a loan agreement secured by a standard security (mortgage payment);
(b)rent;
(c)an insurance premium;
(d)a duty, local or general tax, or rate;
(e)domestic water charge or domestic sewerage charge;
(f)any aliment, periodical allowance, child maintenance or child support;
(g)the supply of electricity, gas, or fixed line telephone services;
(h)heating oil or solid fuel;
(i)a hire purchase or conditional sale agreement; ...
(j)a criminal fine;and
(k) a fee charged to a debtor by a money adviser;
“continuing money adviser” has the meaning given by regulation 12(1A);
“DAS Administrator” means—
(a)the Scottish Ministers; or
(b)any person or body who may exercise the functions of the Scottish Ministers by virtue of an order made under section 8 (functions of the Scottish Ministers) of the Act;
“DAS Register” means the Debt Arrangement Scheme Register maintained under regulation 18;
“debtor” means—
(a)an individual;
(b)a legal person;
(c)a trust; or
(d)an unincorporated body of persons;
“declaration of viability” has the meaning given by regulation 22A(7)(c);
“decree” and “document of debt” are to be construed in accordance with section 10(5) (attachment) of the Act;
“joint debt payment programme” means a debt payment programme applied for by two debtors jointly in accordance with regulation 22;
“legal person” means—
(a)a partnership;
(b)a limited partnership within the meaning of the Limited Partnerships Act 1907; or
(c)a corporate body other than a company registered under the Companies Act 2006;
“money adviser” has the same meaning as in section 9(1) (interpretation of Part 1) of the Act;
“nominated person” means a person specified by virtue of regulation 22A(7)(b);
“OSCR” means the Office of the Scottish Charity Regulator within the meaning of the Charities and Trustee Investment (Scotland) Act 2005;
“payments distributor” means a person or body approved under section 2(5) of the Act for the purpose of performing the functions of a payments distributor under the Act;
“protected trust deed” has the meaning given by section 73(1) of the 1985 Act;
“sheriff” means the sheriff of the sheriff court district in which a debtor habitually resides;
“standard security” means the form of heritable security enabled under section 9 of the Conveyancing and Feudal Reform (Scotland) Act 1970; and
“trust deed” has the same meaning as in section 5(4A) of the 1985 Act.
(1A) Any reference in these Regulations to a debtor (however described) does not include an entity referred to in section 6(2) of the 1985 Act (companies registered under the Companies Act 2006 or entities in respect of which an enactment provides, expressly or by implication, that sequestration is incompetent).
(2) A form referred to by number in these Regulations means the form so numbered in Schedule 1.
(3) Any reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000, which has been recorded and is consequently capable of being reproduced.

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Source: https://www.legislation.gov.uk/ssi/2011/141/regulation/2 (the official version)
Page: https://openlegislation.uk/debt-arrangement-scheme-scotland-regulations-2011/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.