Regulation 36 Application for variationI1
Scotland
F1Subject to paragraph (5), an application to the DAS Administrator for variation of a debt payment programme may be made by—
a debtor or a money adviser on behalf of the debtor; or
subject to paragraph (2), a creditor.
A creditor may not apply for a variation unless the creditor has first made a reasonable attempt to agree the variation with the debtor.
An application under paragraph (1) must be made—
by the debtor in writing; or
by a money adviser or by a creditor in F2form 4 or form 4B as the case may be.
An application by a creditor under paragraph (1)(b) for a variation under regulation 37(1)(e) which is made on a date later than 120 days after the approval of the debt payment programme must be accompanied by a statement by the creditor demonstrating—
why the debt which was omitted from or wrongly assessed for the programme could not have been reasonably established at the date of approval of the programme; and
why the application could not have been made on an earlier date.
Where an application has been made under paragraph (1), F4if applicable the continuing money adviser for that debtor, otherwise the DAS Administrator is to intimate the application to—
the debtor;
the payments distributor;
each creditor taking part in the programme; F5...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An application under paragraph (1)(a)—
in relation to a joint debt payment programme refers to an application made by both debtors jointly; and
in relation to a debtor which is a legal person, trust or unincorporated body of persons must—
be made by a money adviser on behalf of the debtor; and
include a declaration of viability F7, or if made on the grounds of regulation 37(1)(i), instead a declaration under paragraph (6).
A declaration under this paragraph is a declaration by the money adviser that in the money adviser’s opinion the debtor would still be viable despite the payment break applied for on the basis that—
the programme still has a reasonable prospect of being completed;
the debtor can make all payments due under the programme within the period of the programme (as extended); and
the debtor is continuing to trade, where trading, as at the date of applying for the variation, or otherwise operating at that date.
Annotations
Textual amendments
- F1
Words in reg. 36(1) substituted (11.12.2014) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(2), 17(1)(a)
- F2
Words in reg. 36(3)(b) substituted (11.12.2014) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(2), 21(3)
- F3
Reg. 36(3A) inserted (4.11.2019) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2019 (S.S.I. 2019/315), regs. 1, 7(1) (with reg. 13)
- F4
Words in reg. 36(4) inserted (11.12.2014) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(2), 17(1)(b)(i)
- F5
Reg. 36(4)(d) and word omitted (11.12.2014) by virtue of The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(2), 17(1)(b)(ii)
- F6
Reg. 36(5) substituted (11.12.2014) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(2), 17(1)(c)
- F7
Words in reg. 36(5)(b)(ii) inserted (29.10.2018) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2018 (S.S.I. 2018/297), regs. 1, 15(1)(a)
- F8
Reg. 36(6) inserted (29.10.2018) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2018 (S.S.I. 2018/297), regs. 1, 15(1)(b)