# The Debt Arrangement Scheme (Scotland) Regulations 2004, Regulation 11: Functions and duty of a money adviser


(1) It is a function of a money adviser to–
(a) provide money advice to a debtor;
(b) liaise with creditors on behalf of a debtor;
(c) assist a debtor with, and advise on, implementation or variation of a debt payment programme;
(d) prepare and submit on behalf of a debtor an application under these Regulations;
(e) review a debt payment programme in every sixth month of operation;
(f) act as a lay representative in a court, where the adviser has accepted instructions by a debtor to act;
(g) seek revocation of a debt payment programme, where no payments have been made under the programme for 12 months; and
(h) provide, as required by the DAS administrator, evidence of or information about the participation of a debtor in a debt payment programme.
(2) A money adviser shall not charge a fee to a debtor for money advice, unless the adviser has informed the debtor–
(a) that money advice is available without any fee or payment being due by the debtor (“free money advice”);
(b) of the name of–
(i) any adviser (or all, if more than one) providing free money advice within a 10 kilometre radius of the debtor’s usual place of residence; or
(ii) the nearest adviser providing free money advice to the debtor’s place of residence, where there is no adviser within a 10 kilometre radius of the debtor’s usual place of residence, and
the debtor has agreed in writing to pay a fee.
(3) A money adviser shall have regard to guidance issued by the DAS administrator when carrying out a function of an adviser.

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Source: https://www.legislation.gov.uk/sdsi/2004/0110626400/regulation/11 (the official version)
Page: https://openlegislation.uk/draft-debt-arrangement-scheme-scotland-regulations-2004/regulation-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.