The Debt Arrangement Scheme (Scotland) Regulations 2011
| Jurisdiction | Scotland |
| Citation | SSI 2011/141 |
| Year | 2011 |
SCOTTISH STATUTORY INSTRUMENTS
2011 No. 141
DEBT
The Debt Arrangement Scheme (Scotland) Regulations 2011
Made - - - - 17th February 2011
Laid before the Scottish Parliament 22nd February 2011
Coming into force - - 1st July 2011
CONTENTS
PART 1
GENERAL
1. Citation and commencement
2. Interpretation: general
3. Interpretation: debt
4. Dispensing power
5. Fees
6. Consequential amendments
PART 2
MONEY ADVISERS
7. Debtor to have an approved money adviser
8. Approved categories of money advisers
9. Approval of a money adviser
10. Persons who are not and may not be approved
11. Revocation, or suspension, of approval of a money adviser
12. Functions and duty of a money adviser
PART 3
PAYMENTS DISTRIBUTORS
13. Payments distributors for a debt payment programme
14. Approval of a payments distributor
15. Revocation of approval of a payments distributor
16. Functions and duty of a payments distributor
17. Charges by a payments distributor
2
PART 4
DEBT ARRANGEMENT SCHEME REGISTER
18. Debt Arrangement Scheme Register
19. Information on the DAS Register
PART 5
APPROVAL OF DEBT PAYMENT PROGRAMMES
20. Application for approval
21. Debtors who may apply for approval
22. Joint debt payment programme
23. Consent of creditors
24. Approval of agreed programmes
25. Approval by the DAS Administrator
26. Notice of intention to approve, and approval of, a programme
27. Standard conditions
28. Discretionary conditions
29. Notification of approval or rejection
30. Diligence or sequestration in the period before a debt payment programme is
approved
PART 6
DEBT PAYMENT PROGRAMMES
31. Methods of payment
32. Payment instruction to employer
33. Effect on a creditor
34. Diligence: further provision as regards effect of debt payment programme
35. Effect on trust deeds which are not protected
PART 7
VARIATION OF DEBT PAYMENT PROGRAMMES
36. Application for variation
37. Grounds for variation
38. Approval of a variation
39. Notification of approval or rejection of a variation
PART 8
REVOCATION OF DEBT PAYMENT PROGRAMMES
40. Revocation on sequestration or protected trust deed
41. Application for revocation
42. Grounds for revocation
43. Determination of a revocation
44. Notification of revocation
45. Apparent insolvency
3
PART 9
COMPLETION OF A DEBT PAYMENT PROGRAMME
46. Notice of completion
PART 10
APPEALS
47. Appeals
PART 11
REVOCATIONS, SAVING AND TRANSITIONAL ARRANGEMENTS
48. Revocation of Debt Arrangement Scheme regulations
49.–51. Savings and transitional arrangements
SCHEDULE 1 — FORMS
SCHEDULE 2 — CONSEQUENTIAL AMENDMENTS
SCHEDULE 3 — MONEY ADVISER TRAINING
SCHEDULE 4 — PAYMENTS DISTRIBUTORS
SCHEDULE 5 — REVOCATIONS
The Scottish Ministers make the following Regulations in exercise of the powers conferred by
sections 2(3)(d), 4(5), 5(4), 6(1), 7 and 62(2) of the Debt Arrangement and Attachment (Scotland)
Act 2002(a) and all other powers enabling them to do so.
PART 1
GENERAL
Citation and commencement
1. These Regulations may be cited as the Debt Arrangement Scheme (Scotland) Regulations
2011 and come into force on 1st July 2011.
Interpretation: general
2.—(1) In these Regulations—
“the 1985 Act” means the Bankruptcy (Scotland) Act 1985;
“the 1986 Act” means the Insolvency Act 1986;
(a) 2002 asp 17 (“the Act”). Section 7 was amended by S.S.I. 2004/468 and the Bankruptcy and Diligence etc. (Scotland) Act
2007 asp 3 (“the 2007 Act”), sections 173, 209(1), 211 and 212 and schedule 4, paragraph 10, schedule 5, paragraph 30 and
schedule 6, Part 1. Section 9(1) contains a definition of “prescribed” relevant to the exercise of statutory powers under
which these Regulations are made.
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