# The Debt Arrangement Scheme (Scotland) Regulations 2004, Regulation 26: Approval by the DAS administrator


(1) Subject to regulations 25 and 27, the DAS administrator shall approve a debt payment programme that is fair and reasonable.
(2) In determining whether a debt payment programme is fair and reasonable, the DAS administrator shall have regard to–
(a) the total amount of debt;
(b) the period over which a programme will operate;
(c) the method, and frequency, of payments under a programme;
(d) an earlier proposed programme that was not approved;
(e) a matter specified in regulation 21(2) that would have prevented an application being made, where the matter no longer has that effect;
(f) the involvement of the debtor in a–
(i) debt payment arrangement, including a debt payment programme under these Regulations;
(ii) time to pay direction under section 1 (time to pay directions) of the Debtors (Scotland) Act 1987, or time to pay order under section 5 (time to pay orders) of that Act; or
(iii) time order under section 129 (time orders) of the Consumer Credit Act 1974;
(g) the extent to which creditors have consented (deemed or otherwise) or objected to a programme;
(h) any comment made by the money adviser; and
(i) an asset of a debtor that could be realised to pay debts to be included in a programme.
(3) In determining whether a debt payment programme is fair and reasonable, the DAS administrator may have regard to any other factor that the administrator considers appropriate.
(4) Approval under paragraph (1) may be made subject to a condition under regulation 30.

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Source: https://www.legislation.gov.uk/sdsi/2004/0110626400/regulation/26 (the official version)
Page: https://openlegislation.uk/draft-debt-arrangement-scheme-scotland-regulations-2004/regulation-26
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.