Regulation 3 Amendment to the Debt Arrangement Scheme (Interest, Fees, Penalties and Other Charges) Regulations 2011

The Debt Arrangement Scheme (Interest, Fees, Penalties and Other Charges) (Scotland) Regulations 2011^f1 are amended in accordance with paragraphs (2) to (5).

In regulation 2 (interpretation), for the definition of “the DAS Regulations” substitute—

• ““the DAS Regulations” means the Debt Arrangement Scheme (Scotland) Regulations 2011;”.

In regulation 4(1)(a) (moratorium on interest, fees, penalties or other charges), for “date on which a debt payment programme is approved” substitute “date on which a debtor applies for a debt payment programme (which is subsequently approved)”^f2.

After regulation 4(1) insert—

“(1A)

Paragraph (1) applies to a debt in respect of which an offer of composition is accepted, or deemed to be accepted, under regulation 46B(1) or (2)^f3 of the DAS Regulations as it applies to a completed programme.”.

For regulation 5(1) (appeal to the sheriff on point of law), substitute—

“(1)

As regards any debt included in a debt payment programme the debtor for the debt payment programme or creditor may apply to the DAS Administrator for review of a determination of the DAS Administrator under regulation 4(3) in accordance with regulations 47(4) and (5), 47A and 47B^f4 of the DAS Regulations on any ground which may be raised in an appeal under paragraph (1A).

(1A)

A debtor or creditor may appeal to the sheriff on point of law against a decision of the DAS Administrator under regulation 47B of those Regulations as it applies to paragraph (1).”,

and for the heading to regulation 5 substitute “Reviews and appeals”.