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Regulation 42 Grounds for revocationI1

Scotland

(1)

A debt payment programme may be revoked by the DAS Administrator (whether or not on an application under regulation 41) where—

(a)

a debtor fails without reasonable cause to satisfy a condition under regulation 27 or 28;

(b)

a debtor makes a statement in an application under these Regulations which the debtor knows to be untrue; F1...

(c)

a payment to be paid under the programme becomes due, and there remains unpaid a sum, due in respect of previous payments so due, of not less than the aggregate of two such payments; ...

(d)

in the case of a joint debt payment programme, conditions in regulation 22(1)(b) or (2) no longer apply F2; or

(e)

in the case of a debtor which is a legal person, trust or unincorporated body of persons—

(i)

the format of that debtor changes during the period of the debt payment programme;

(ii)

a money adviser is unable to make a declaration of viability in accordance with regulation 12(3)(a) and 12A(a) because the money adviser considers the debtor no longer meets the requirements contained in regulation 22A(7)(c); or

(iii)

the consent of an individual who consented under regulation 22A(2)(a), (3), (4) or (5) is withdrawn.

(2)

If the DAS Administrator proposes to revoke a debt payment programme it must give written notice of that proposal to—

(a)

the debtor;

(b)

each creditor who is taking part in the programme;

(c)

any creditor who has made an application for variation of the programme; and

(d)

any continuing money adviser or money adviser who has made an application for revocation on behalf of the debtor,

and is not to implement the proposal until the expiry of a period of at least 4 weeks after the date on which notice is given.

(3)

A continuing money adviser given notice under paragraph (2) must notify all creditors taking part in the debt payment programme of the proposal to revoke the programme.

F3(4)

In this regulation, “the format of that debtor changes” means—

(a)

in the case of a partnership or limited partnership with less than 5 partners, membership of the partnership changes;

(b)

in the case of a trust with less than 5 trustees, when one of the trustees is divested of his interest in the trust;

(c)

in the case of a corporate body (other than a company registered under the Companies Act 2006) or an unincorporated body of persons, where there is a material change in the objects or membership of the body.

Annotations

Textual amendments

F1

Word in reg. 42(1) omitted (11.12.2014) by virtue of The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(2), 19(1)(a)

F2

Reg. 42(1)(e) and word inserted (11.12.2014) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(2), 19(1)(b)

F3

Reg. 42(4) inserted (11.12.2014) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(2), 19(2)

Commencement

I1

Reg. 42 in force at 1.7.2011, see reg. 1