# The Debt Arrangement Scheme (Scotland) Regulations 2011, Regulation 3: Interpretation: debt

Extent: S

(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 ;
(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;
(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.

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Source: https://www.legislation.gov.uk/ssi/2011/141/regulation/3 (the official version)
Page: https://openlegislation.uk/debt-arrangement-scheme-scotland-regulations-2011/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.