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Regulation 36A Proposal for variation: discharge of liability on compensationF1

(1)

The DAS Administrator may propose a variation of a debt payment programme where a liability, or part of a liability, of the debtor is discharged by a creditor applying compensation between that debt, or part of that debt, and a liability owed by the creditor to the debtor.

(2)

The DAS Administrator may not do so unless it has made a reasonable attempt to agree a variation between the debtor and creditor.

(3)

The proposal must be intimated in writing to those mentioned in F2regulation 36(4)(a) to (c) and to the money adviser.

Annotations

Textual amendments

F1

Reg. 36A inserted (2.7.2013) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2013 (S.S.I. 2013/225), regs. 1(2), 13(1) (with reg. 20(1))

F2

Words in reg. 36A(3) substituted (4.11.2019) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2019 (S.S.I. 2019/315), regs. 1, 8(1)