Regulation 28 Discretionary conditionsI1
Scotland
A debt payment programme on approval under regulation 24 or 25, or approval of a variation under regulation 38, may be made subject to one or more of the conditions specified in paragraph (2).
A specified condition is that the debtor must—
realise, and distribute amongst the creditors the value of, an asset of the debtor other than an asset excepted by paragraph (3);
sign and deliver a payment instruction to an employer; or
be bound by any other reasonable condition intended to secure completion of the programme.
An excepted asset is—
F1subject to paragraph (4), a dwellinghouse or mobile home occupied by a debtor as the debtor’s sole or main residence;
an asset that is exempt from attachment under section 11 (articles exempt from attachment) of, or that is not a non-essential asset under schedule 2 (non essential assets) to, the Act.
Where the debtor is an individual and at the option of the debtor a debt payment programme referred to in paragraph (1) may be made subject to a condition that the debtor must realise and distribute amongst the creditors the value of a dwellinghouse or mobile home occupied by the debtor as the debtor’s sole or main residence.
Annotations
Textual amendments
- F1
Words in reg. 28(3)(a) substituted (29.10.2018) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2018 (S.S.I. 2018/297), regs. 1, 11(a) (with reg. 19(1))
- F2
Reg. 28(4) inserted (29.10.2018) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2018 (S.S.I. 2018/297), regs. 1, 11(b) (with reg. 19(1))