Regulation 41 Application for revocationI1

Scotland

(1)

F1Subject to paragraph (3), an application to the DAS Administrator for revocation of a debt payment programme, may only be made by—

(a)

a debtor or a money adviser on behalf of the debtor;

(b)

a creditor taking part in the programme.

(2)

An application under paragraph (1)—

(a)

by a debtor, must be in writing;

(b)

by a money adviser F2or a nominated person, or by a creditor, must be in F3form 5 or form 5B as the case may be.

F4(3)

An application under paragraph (1)(a)—

(a)

in relation to a joint debt payment programme refers to an application made by both debtors jointly, except that either debtor may apply only on grounds mentioned in regulation 42(1)(d); and

(b)

in relation to a debtor which is a legal person, trust or unincorporated body of persons may only be made by—

(i)

a money adviser or nominated person on behalf of the debtor; or

(ii)

a money adviser under regulation 12A(b) or (c).

Annotations

Textual amendments

F1: Words in reg. 41(1) substituted (11.12.2014) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(2), 18(2)(a)
F2: Words in reg. 41(2)(b) substituted (11.12.2014) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(2), 18(2)(b)
F3: Words in reg. 41(2)(b) substituted (11.12.2014) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(2), 21(4)
F4: Reg. 41(3) substituted (11.12.2014) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(2), 18(2)(c)

Commencement

I1: Reg. 41 in force at 1.7.2011, see reg. 1