{
  "url": "https://openlegislation.uk/draft-debt-arrangement-scheme-scotland-regulations-2004/regulation-21",
  "json_url": "https://openlegislation.uk/draft-debt-arrangement-scheme-scotland-regulations-2004/regulation-21.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/21",
  "kind": "regulation",
  "number": "21",
  "heading": "Debtors who may apply for approval",
  "text": "(1) Subject to paragraph (2), a debtor may apply for approval of a debt payment programme where the programme provides for the payment of two or more debts.\n(2) An application for approval may not be made where–\n(a) subject to paragraph (3), payment of a debt of a debtor is being made under a conjoined arrestment order;\n(b) a debtor is a party to a trust deed;\n(c) a debtor’s estate has been sequestrated, and the debtor has not been discharged under sections 54 (automatic discharge after 3 years) or 75 (amendments, repeals and transitional provisions) of the 1985 Act;\n(d) a debtor is a bankrupt, who has not been discharged under sections 279 (duration) or 280 (discharge by order of the court) of the 1986 Act; or\n(e) a debtor is 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(3) An application may be made where a creditor, including a creditor of a debt being paid under a conjoined arrestment order in respect of another debt not so paid, has attempted to enforce a debt due by the debtor by any lawful means.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1986 c. 45. Schedule 4A was inserted by section 257 of the Enterprise Act 2002 (c. 40)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2004/0110626400/regulation/21",
    "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."
}