{
  "url": "https://openlegislation.uk/debt-arrangement-scheme-scotland-regulations-2011/regulation-28",
  "json_url": "https://openlegislation.uk/debt-arrangement-scheme-scotland-regulations-2011/regulation-28.json",
  "legislation": "ssi/2011/141",
  "legislation_title": "The Debt Arrangement Scheme (Scotland) Regulations 2011",
  "legislation_url": "https://openlegislation.uk/debt-arrangement-scheme-scotland-regulations-2011",
  "path": "regulation/28",
  "kind": "regulation",
  "number": "28",
  "heading": "Discretionary conditions",
  "text": "(1) 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).\n(2) A specified condition is that the debtor must—\n(a) realise, and distribute amongst the creditors the value of, an asset of the debtor other than an asset excepted by paragraph (3);\n(b) sign and deliver a payment instruction to an employer; or\n(c) be bound by any other reasonable condition intended to secure completion of the programme.\n(3) An excepted asset is—\n(a) subject to paragraph (4), a dwellinghouse or mobile home occupied by a debtor as the debtor’s sole or main residence;\n(b) 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.\n(4) 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.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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))"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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))"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 28 in force at 1.7.2011, see reg. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2011/141/regulation/28",
    "retrieved_at": "2026-10-28T21:50:24.069321+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}