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Regulation 23 Consent of creditorsI1

Scotland

F1(1)

Subject to paragraph (5), and regulation 25—

(a)

not less than 9/10 in value of the creditors of a debtor who is an individual must consent to an application by the debtor for approval of a debt payment programme,

(b)

each creditor of a debtor who is a legal person, trust or unincorporated body of persons must consent to an application by the debtor for approval of a debt payment programme.

(2)

In the case of a joint debt payment programme, the consent of F2the creditors of both debtors is relevant under paragraph (1).

(3)

A request to a creditor for consent is to be sent by the DAS Administrator, or as the case may be, a continuing money adviser F3....

F4(3A)

Where the debtor is a legal person, trust or unincorporated body of persons, a request to a creditor for consent must include a declaration of viability.

(4)

A continuing money adviser seeking the consent of a creditor (electronically or otherwise) must use the form provided by the DAS Administrator for that purpose.

(5)

A creditor who is requested to consent to an application for a programme which provides for the payment of more than one debt and who does not respond to that request within 21 days after the date of request is deemed to consent F5, irrespective of any assignation of the debt by that creditor.

(6)

Where a creditor does not consent to an application under paragraph (1), and that consent is not deemed as given, approval of a debt payment programme under regulation 24 or 25 is not invalid by reason only of the lack of consent provided the debtor did not know, and could not reasonably have known, the identity of the creditor.

(7)

The DAS Administrator is to maintain a record of creditor consents.

F6(8)

Where the rights to one or more debts included in the debt payment programme are assigned, the creditor must immediately notify the DAS Administrator in writing—

(a)

that the creditor has assigned the rights; and

(b)

of the details of the assignee.

Annotations

Textual amendments

F1

Reg. 23(1) substituted (4.11.2019) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2019 (S.S.I. 2019/315), regs. 1, 5(1)(a) (with reg. 13)

F2

Words in reg. 23(2) substituted (4.11.2019) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2019 (S.S.I. 2019/315), regs. 1, 5(1)(b) (with reg. 13)

F3

Words in reg. 23(3) omitted (2.7.2013) by virtue of The Debt Arrangement Scheme (Scotland) Amendment Regulations 2013 (S.S.I. 2013/225), regs. 1(2), 11(1)(a)

F4

Reg. 23(3A) inserted (11.12.2014) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(2), 14

F5

Words in reg. 23(5) inserted (2.7.2013) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2013 (S.S.I. 2013/225), regs. 1(2), 11(1)(b)

F6

Reg. 23(8) inserted (2.7.2013) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2013 (S.S.I. 2013/225), regs. 1(2), 11(1)(c)

Commencement

I1

Reg. 23 in force at 1.7.2011, see reg. 1