Regulation 47 Application for reviewF1

(1)

A debtor or a money adviser acting on behalf of a debtor may, on any ground which may be raised in an appeal, apply for review of a determination of the DAS Administrator not to approve a debt payment programme.

(2)

A creditor named in an application for a debt payment programme may, on any ground which may be raised in an appeal, apply for review of a determination of the DAS Administrator to—

(a)

dispense with the consent of the creditor;

(b)

approve a programme.

(3)

A debtor or a money adviser acting on behalf of a debtor, a creditor participating in a debt payment programme or a creditor who has applied for variation of a programme on the grounds in regulation 37(1)(e) or (f) may, on any ground which may be raised in an appeal, apply for review of a determination of the DAS Administrator to—

(a)

attach a condition under regulation 28;

(b)

approve, or refuse to approve, a variation of a programme;

(c)

revoke a programme F2(or not to revoke a programme in the circumstances in regulation 39A(7));

(d)

correct an accidental error in any determination and restore a debt payment programme under regulation 4A.

(4)

An application under this regulation must be made—

(a)

within 14 days after the date of intimation of the determination to the debtor or creditor; and

(b)

in writing.

(5)

Where an application has been made under this regulation, the DAS Administrator must intimate the application in writing to—

(a)

the debtor;

(b)

any creditor named in the application for a debt payment programme;

(c)

the money adviser who made the application for the programme;

(d)

each creditor taking part in the programme; and

(e)

any continuing money adviser for the debtor.

Annotations

Textual amendments

F1: Pts. 10, 10A substituted for Pt. 10 (2.7.2013) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2013 (S.S.I. 2013/225), regs. 1(2), 17 (with reg. 20(2))
F2: Words in reg. 47(3)(c) inserted (4.11.2019) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2019 (S.S.I. 2019/315), regs. 1, 11(2)