Regulation 20 Application for approvalI1
Scotland
A debtor who is habitually resident in Scotland may apply to the DAS Administrator for approval of a debt payment programme.
An application under paragraph (1)—
must be made by a money adviser on behalf of the debtor in F1form 1 or form 1B as the case may be;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
is competent if (instead of being signed by the debtor) it contains a declaration by the money adviser that the debtor has—
been given appropriate advice by the money adviser; and
consented to proceed without signing the application;
is competent notwithstanding that the consent of the creditor under section 2(4) of the Act and regulation 23 is not incorporated in F3the form 1 or form 1B.
The debt payment programme applied for under paragraph (1) must provide for the payment of all debts due by the debtor at the time of making the application which a debt payment programme can provide for payment of, subject to F5paragraph (2AA) and regulation 22A(8)(b).
Where the debtor is an individual, despite paragraph (2A) debts which are—
constituted by a lease or tenancy agreement; or
secured by a standard security (to the extent that the sum is arrears of a periodic payment due to be paid under a loan agreement so secured),
may be excluded from the debt payment programme, to the extent that such debts relate to the debtor’s sole or main residence.
Where the debtor is an individual the application must also contain—
the statement of income and expenditure in form 1 as at that date completed in the style and format of the Common Financial Statement; and
a statement—
that the proposed payments are in accordance with the Common Financial Tool as assessed by the money adviser; and
any evidence or explanation required in applying that tool.
Where the debtor is a charity the application must also contain evidence that it has been intimated to OSCR.
On revocation of a joint debt payment programme on the grounds that conditions in regulations 22(1)(b) or (2) no longer apply or under regulation 40A(1), a debtor who intends to apply may give written intimation of that intention to the DAS Administrator within 12 months of giving notice under section 4A(1) of the 1985 Act.
The debtor may, at any time before the application is approved or rejected, intimate to the DAS Administrator in writing that the application is withdrawn.
Where the debtor is a legal person, trust or unincorporated body of persons—
“habitually resident in Scotland” in paragraph (1) is to be taken to mean—
having an established place of business in Scotland; or
constituted or formed under Scots law, and at any time carrying on business in Scotland; and
intimation under paragraph (4) may be given by a nominated person or a money adviser on the debtor’s behalf.
In section 3(2)(a) (money advisor declaration) of the Act, omit “signed”.
Annotations
Textual amendments
- F1
Words in reg. 20(2)(a) substituted (11.12.2014) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(2), 21(1)(a)
- F2
Reg. 20(2)(aa) omitted (4.11.2019) by virtue of The Debt Arrangement Scheme (Scotland) Amendment Regulations 2019 (S.S.I. 2019/315), regs. 1, 4(7) (with reg. 13)
- F3
Words in reg. 20(2)(c) substituted (11.12.2014) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(2), 21(1)(b)
- F4
Reg. 20(2A) inserted (11.12.2014) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(2), 8(3)(a)
- F5
Words in reg. 20(2A) inserted (29.10.2018) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2018 (S.S.I. 2018/297), regs. 1, 8(1)(a) (with reg. 19(1))
- F6
Reg. 20(2AA) inserted (29.10.2018) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2018 (S.S.I. 2018/297), regs. 1, 8(1)(b) (with reg. 19(1))
- F7
Reg. 20(2B) inserted (1.4.2015) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(3), 8(3)(b) (with reg. 23(1)-(3))
- F8
Reg. 20(2C) inserted (11.12.2014) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(2), 8(3)(c)
- F9
Reg. 20(3) substituted (1.4.2015) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(3), 10 (with reg. 23(1)-(3))
- F10
Reg. 20(4A) inserted (11.12.2014) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(2), 11