{
  "url": "https://openlegislation.uk/draft-debt-arrangement-scheme-scotland-regulations-2004/regulation-10",
  "json_url": "https://openlegislation.uk/draft-debt-arrangement-scheme-scotland-regulations-2004/regulation-10.json",
  "legislation": "sdsi/2004/0110626400",
  "legislation_title": "The Debt Arrangement Scheme (Scotland) Regulations 2004",
  "legislation_url": "https://openlegislation.uk/draft-debt-arrangement-scheme-scotland-regulations-2004",
  "path": "regulation/10",
  "kind": "regulation",
  "number": "10",
  "heading": "Persons who may not be approved",
  "text": "(1) A person specified in paragraph (2) shall not be a money adviser.\n(2) A specified person is–\n(a) a sheriff officer or messenger-at-arms, or an employee of such a person;\n(b) a person or body providing financial services, or financial advice other than money advice, in the course of a business or otherwise for profit, or an employee of such a person, unless the person is a–\n(i) solicitor;\n(ii) chartered or certified accountant;\n(iii) a credit union registered under the Industrial and Provident Societies Act 1965 by virtue of section 1 (registration under the Industrial and Provident Societies Act 1965) of the Credit Unions Act 1979;\n(c) a person providing debt collection services, or an employee of such a person;\n(d) a person convicted of an offence involving theft, fraud or other dishonesty;\n(e) a debtor whose estate has been sequestrated, and who has not been discharged under sections 54 (automatic discharge after 3 years) or 75 (amendments, repeals and transitional provisions) of the 1985 Act;\n(f) a bankrupt, who has not been discharged under sections 279 (duration) or 280 (discharge by order of the court) of the 1986 Act;\n(g) a person subject to a bankruptcy restrictions order (including an interim order) or bound by a bankruptcy restrictions undertaking, under Schedule 4A (bankruptcy restrictions order and undertaking) of the 1986 Act;\n(h) a person who has entered into a trust deed or protected trust deed for their creditors, and who has not been discharged from that deed; or\n(i) a person in respect of whom a court has made a disqualification order under section 1, or who has had a disqualification undertaking accepted under section 2, of the Company Directors Disqualification Act 1986.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1965 c. 12. There are amendments to this Act which are not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1979 c. 34. Amended by S.I. 1996/1189, 2001/2617 and 3538 and 2002/1501."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1985 c. 66. Section 54 was repealed in part by the Education (Student Loans) Act 1990 (c. 6), Schedule 2, paragraph 6."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "1986 c. 45. Section 279 was substituted by section 256 of the Enterprise Act 2002 (c. 40) (“the 2002 Act”)."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "1986 c. 45. Schedule 4A was inserted by section 257 of the 2002 Act."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "1986 c. 46. Section 1 was amended by the Insolvency Act 2000 (c. 39) (“the 2000 Act”), section 5 and Schedule 4, Part I, paragraph 2, and by the 2002 Act, sections 204 and 279. Section 2 was inserted by the 2000 Act, section 6."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2004/0110626400/regulation/10",
    "retrieved_at": "2026-10-30T15:39:42.838477+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}