# The Debt Arrangement Scheme (Scotland) Regulations 2011, Regulation 25: Approval by the DAS Administrator

Extent: S

(1) Where approval cannot be given under regulation 24, the DAS Administrator must approve a debt payment programme that is fair and reasonable.
(2) In determining whether a debt payment programme is fair and reasonable, the DAS Administrator is to have regard to—
(za) where the debtor is an individual, the Common Financial Tool;
(zb) where the debtor is an individual, any statement and evidence required under regulation 20(2B) to satisfy the DAS Administrator in applying the Common Financial Tool;
(a) the total amount of debt;
(b) the period over which a programme will operate;
(c) the amount (if any) by which it appears to the DAS Administrator, on the basis of such information as the creditors and the debtor have provided, that the value of any land owned by the debtor exceeds so much of the total amount of debt as is secured by way of a standard security over any interest in that land;
(d) the method, and frequency, of payments under a programme;
(e) an earlier proposed programme that was not approved;
(f) a matter specified in regulation 21(2) that would have prevented an application being made, where the matter no longer has that effect;
(g) the involvement of the debtor in a—
(i) debt payment arrangement, including a debt payment programme under these Regulations;
(ii) time to pay direction under section 1 (time to pay directions) of the Debtors (Scotland) Act 1987, or time to pay order under section 5 (time to pay orders) of that Act; or
(iii) time order under section 129 (time orders) of the Consumer Credit Act 1974;
(h) the extent to which creditors have consented (deemed or otherwise) to a programme;
(i) any comment made by the money adviser; and
(j) an asset of a debtor that could be realised to pay debts to be included in a programme.
(3) In determining whether a debt payment programme is fair and reasonable, the DAS Administrator may have regard to any other factor that the DAS Administrator considers appropriate.
(4) Approval under paragraph (1) may be made subject to a condition under regulation 28.

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Source: https://www.legislation.gov.uk/ssi/2011/141/regulation/25 (the official version)
Page: https://openlegislation.uk/debt-arrangement-scheme-scotland-regulations-2011/regulation-25
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.