{
  "url": "https://openlegislation.uk/debt-arrangement-scheme-scotland-regulations-2011/regulation-3",
  "json_url": "https://openlegislation.uk/debt-arrangement-scheme-scotland-regulations-2011/regulation-3.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/3",
  "kind": "regulation",
  "number": "3",
  "heading": "Interpretation: debt",
  "text": "(1) In these Regulations, “debt” includes any sum due by a debtor—\n(a) constituted by—\n(i) decree or document of debt;\n(ii) judicial or contractual interest;\n(iii) charges or penalties due under a contract on any default in respect, or breach of, that contract;\n(iv) lease or tenancy agreement;\n(v) enactment;\n(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;\n(c) recoverable from the debtor as enforcement expenses.\n(2) In these Regulations, “debt” excludes any sum due by a debtor—\n(a) to the extent it is secured by a standard security, other than where that sum is included under paragraph (1)(b);\n(b) as a liability for the purpose of section 17(2B) of the Legal Aid (Scotland) Act 1986 ;\n(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;\n(d) in respect of a student loan made—\n(i) by virtue of regulations made under section 73(f) of the Education (Scotland) Act 1980;\n(ii) under section 1 of the Education (Student Loans) Act 1990;\n(iii) by virtue of regulations made under section 22 of the Teaching and Higher Education Act 1998; or\n(iv) by virtue of regulations made under Article 3 of the Education (Student Support) (Northern Ireland) Order 1998.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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))"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 3 in force at 1.7.2011, see reg. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "Subsection (2B) was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40), Schedule 8, paragraph 36."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2011/141/regulation/3",
    "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."
}