Regulation 27 Standard conditionsI1
Scotland
A debt payment programme approved under regulation 24 or 25 is to be subject to the conditions specified in paragraph (2).
The specified conditions are that a debtor must—
make the first payment under a programme during the period of F142 days immediately following the date on which the debt payment programme is approved;
make all payments under a programme as they fall due;
pay a continuing liability when due for payment;
except for a continuing liability, make no payment to a creditor taking part in a programme other than a payment under the programme;
not apply for or obtain credit beyond that permitted by regulation 33(1)(b), or by a variation of a programme approved under regulation 38;
notify any continuing money adviser for the programme or the DAS Administrator of a—
change of address; and
material change of circumstances, within 7 days of becoming aware of the change;
within 10 days after receipt by the debtor of a written request from a continuing money adviser for the programme or the DAS Administrator provide them with such information or evidence on their income, assets or liabilities as they may request;
make all payments in respect of credit obtained under regulation 33(1)(b) F2(ia), (iii), (iv) and (v) as they fall due;
give all notices and intimations which require to be given by a debtor under these Regulations;
complete, and submit when due, a tax or duty return or declaration; and pay the tax or duty so returned or declared; F3...
notify the DAS Administrator as soon as reasonably practicable of a money adviser ceasing to act for the debtor for any reason other than the resignation, or revocation or suspension of approval of, the adviser F4; and
in the case of a debtor which is a legal person, trust, or unincorporated body of persons—
declare all assets owned by that debtor to the money adviser by the date of the 12 monthly review under regulation 12(3)(a);
not sell any non-trading asset during the period of the programme unless the money adviser has been notified of the proposed sale and expected return for the benefit of creditors and has agreed, in advance of entering into any sale agreement; and
make all payments due under the programme within 5 years after the date of the application.
Where the debtor is a legal person, trust or unincorporated body of persons, in sub-paragraph (f)(ii) above—
“material change of circumstances” includes information which materially affects the declaration of viability; and
for 7 days read 14 days.
In sub-paragraph (l)(ii) above, “non-trading asset” means any asset owned by the debtor, other than—
current or circulating assets (for instance stock in trade, inventory);
where the debtor is engaged in trade, any article acquired by the debtor—
to be sold by the debtor (whether or not after adaptation), or
as a material for a process of manufacturing for sale by the debtor,
in the ordinary course of that trade;
any article of a perishable nature or which is likely to deteriorate substantially and rapidly in condition or value;
any dwellinghouse or mobile home, unless the dwellinghouse or mobile home is used for the business or operations of the debtor;
any article within a dwellinghouse or mobile home other than implements, tools of trade, books or other equipment reasonably required for the use of the debtor or any employee of the debtor in the practice of the debtor’s profession, trade or business or for the purposes for which the debtor was established.
Annotations
Textual amendments
- F1
Words in reg. 27(2)(a) substituted (2.7.2013) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2013 (S.S.I. 2013/225), regs. 1(2), 12 (with reg. 20(1))
- F2
Word in reg. 27(2)(h) inserted (29.10.2018) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2018 (S.S.I. 2018/297), regs. 1, 14(2)
- F3
Word in reg. 27(2)(j) omitted (11.12.2014) by virtue of The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(2), 15(a)
- F4
Reg. 27(l) and word inserted (11.12.2014) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(2), 15(b)
- F5
Reg. 27(3)(4) inserted (11.12.2014) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(2), 15(c)