Regulation 38 Approval of a variationI1

Scotland

(1)

The DAS Administrator must approve a variation proposed under regulation 37(1)(a), (b) F1... (c) F2, (ea) or (eb).

F3(1A)

Where the debtor is an individual the DAS Administrator must approve any variation proposed under regulation 37(1)(d), (e), (f), (g), (h) or (i)—

(a)

where all creditors participating in the programme have consented to the variation; or

(b)

which will have the effect of reducing the period of the debt payment programme.

(1B)

For the purposes of paragraph (1A)(a), a creditor who is requested to consent to an application for variation of a programme which provides for a payment of more than one debt and who does not respond to that request within 21 days after the date of the request is deemed to consent to the variation, irrespective of any assignation of the debt by that creditor.

(2)

F4If not approved under paragraph (1A), the DAS Administrator must approve a variation proposed under regulation 37(1) F5(d), (e), (f), (g), (h) and (i) if the variation is fair and reasonable.

(3)

The DAS Administrator in determining whether a variation is fair and reasonable—

(a)

must have regard to—

(i)

the matters specified in regulation 25(2);

(ii)

the views of the debtor;

(iii)

the views of the other debtor in the case of a joint debt payment programme;

(iv)

the views of a creditor taking part in the programme and of any creditor making the application F6(including, where relevant, any statement made by the creditor under regulation 36(3A)); and

(v)

the views of any money adviser who has provided advice to the debtor;

(vi)

whether any expenditure of the debtor declared in assessing disposable income appears to be necessarily incurred by the debtor; and

(vii)

any variation previously approved under regulation 37(1)(h); and

(b)

may have regard to any other factor the DAS Administrator considers appropriate.

(4)

Approval of a variation may be made subject to a condition under regulation 28.

Annotations

Textual amendments

F1: Word in reg. 38(1) omitted (29.10.2018) by virtue of The Debt Arrangement Scheme (Scotland) Amendment Regulations 2018 (S.S.I. 2018/297), regs. 1, 17(a)(i)
F2: Words in reg. 38(1) substituted (4.11.2019) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2019 (S.S.I. 2019/315), regs. 1, 8(4)
F3: Reg. 38(1A)(1B) inserted (4.11.2019) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2019 (S.S.I. 2019/315), regs. 1, 10(a)
F4: Words in reg. 38(2) inserted (4.11.2019) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2019 (S.S.I. 2019/315), regs. 1, 10(b)
F5: Words in reg. 38(2) substituted (29.10.2018) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2018 (S.S.I. 2018/297), regs. 1, 17(b)
F6: Words in reg. 38(3)(a)(iv) inserted (4.11.2019) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2019 (S.S.I. 2019/315), regs. 1, 7(2) (with reg. 13)

Commencement

I1: Reg. 38 in force at 1.7.2011, see reg. 1