# The Debt Arrangement Scheme (Scotland) Regulations 2011, Regulation 28: Discretionary conditions

Extent: S

(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).
(2) A specified condition is that the debtor must—
(a) realise, and distribute amongst the creditors the value of, an asset of the debtor other than an asset excepted by paragraph (3);
(b) sign and deliver a payment instruction to an employer; or
(c) be bound by any other reasonable condition intended to secure completion of the programme.
(3) An excepted asset is—
(a) subject to paragraph (4), a dwellinghouse or mobile home occupied by a debtor as the debtor’s sole or main residence;
(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.
(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.

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Source: https://www.legislation.gov.uk/ssi/2011/141/regulation/28 (the official version)
Page: https://openlegislation.uk/debt-arrangement-scheme-scotland-regulations-2011/regulation-28
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.