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Regulation 4A Correction of accidental errorsF1

(1)

The DAS Administrator may correct an accidental error in any determination, made by the DAS Administrator under these Regulations.

(F21A)

In paragraph (1), “accidental error” includes an accidental error in any determination made by the DAS Administrator arising from the provision of incorrect information to the DAS Administrator by any third party.

(2)

The DAS Administrator must notify the correction in writing to any person notified of the determination.

(3)

A correction has effect—

(a)

as if the determination was made in corrected form on the date on which the original determination was made; and

(b)

where a debt payment programme was revoked in error, to restore that programme as if it had not been revoked.

(4)

A correction under paragraph (1) may not be made—

(a)

after 28 days from the date on which the error was made; or

(b)

where an application for review has been made under regulation 47 and a decision has not been made by the DAS Administrator F3, except with the agreement of the debtor (or of the money adviser acting on behalf of the debtor) or creditor who applied for the review.

Annotations

Textual amendments

F1

Reg. 4A inserted (2.7.2013) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2013 (S.S.I. 2013/225), regs. 1(2), 5 (with reg. 20(2))

F2

Reg. 4A(1A) inserted (29.10.2018) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2018 (S.S.I. 2018/297), regs. 1, 4(a) (with reg. 19(5))

F3

Words in reg. 4A(4)(b) inserted (29.10.2018) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2018 (S.S.I. 2018/297), regs. 1, 4(b) (with reg. 19(5))