Regulation 3 Interpretation: debtI1

Scotland

(1)

In these Regulations, “debt” includes any sum due by a debtor—

(a)

constituted by—

(i)

decree or document of debt;

(ii)

judicial or contractual interest;

(iii)

charges or penalties due under a contract on any default in respect, or breach of, that contract;

(iv)

lease or tenancy agreement;

(v)

enactment;

(b)

secured by a standard security, to the extent that the sum is arrears of a periodic payment due to be paid under a loan agreement so secured;

(c)

recoverable from the debtor as enforcement expenses.

(2)

In these Regulations, “debt” excludes any sum due by a debtor—

(a)

to the extent it is secured by a standard security, other than where that sum is included under paragraph (1)(b);

(b)

as a liability for the purpose of section 17(2B) of the Legal Aid (Scotland) Act 1986^f1 F1;

(c)

as a fee charged by a money adviser for the money adviser’s services in the debt payment programme in respect of which the services are provided;

F2(d)

in respect of a student loan made—

(i)

by virtue of regulations made under section 73(f) of the Education (Scotland) Act 1980;

(ii)

under section 1 of the Education (Student Loans) Act 1990;

(iii)

by virtue of regulations made under section 22 of the Teaching and Higher Education Act 1998; or

(iv)

by virtue of regulations made under Article 3 of the Education (Student Support) (Northern Ireland) Order 1998.

Annotations

F1: Reg. 3(2)(c) inserted (2.7.2013) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2013 (S.S.I. 2013/225), regs. 1(2), 6(2) (with reg. 20(1))
F2: Reg. 3(2)(d) inserted (27.6.2015) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2015 (S.S.I. 2015/216), regs. 1(1), 3 (with reg. 5)

f1: Subsection (2B) was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40), Schedule 8, paragraph 36.