The Debt Arrangement Scheme (Scotland) Amendment Regulations 2009
| Jurisdiction | Scotland |
| Citation | SSI 2009/234 |
2009 No. 234
DEBT
The Debt Arrangement Scheme (Scotland) Amendment Regulations 2009
Made 4th June 2009
Laid before the Scottish Parliament 5th June 2009
Coming into force 1st July 2009
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 2(3), 4(5), 5(4), 6(1), 7 and 62(2) of the Debt Arrangement and Attachment (Scotland) Act 20021and all other powers enabling them to do so.
Citation and commencement
1. These Regulations may be cited as the Debt Arrangement Scheme (Scotland) Amendment Regulations 2009 and come into force on 1st July 2009.
Amendments to the Debt Arrangement Scheme (Scotland) Regulations 2004
2.—(1) The Debt Arrangement Scheme (Scotland) Regulations 20042are amended in accordance with regulations 3 to 28.
3. In regulation 2 (interpretation)–
(a) in paragraph (1), omit the definitions of “MATRICS” and “money adviser”; and
(b) after paragraph (3) insert–
“4 An application is sent by electronic means, if it is sent initially and received at its destination by means of electronic equipment for the processing (which expression includes digital compression) or storage of data and entirely created, transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means, but does not include electronic facsimile transmission or mobile telephonic text messaging.”.
4. For regulation 5(2) substitute–
“2 No fee for inspection of the DAS Register shall be paid by a non-profit-making body established in the United Kingdom, including a Government department, the police and any credit union, on proof to the satisfaction of the DAS Administrator of non-profit-making status.
3 In this regulation a “non-profit-making body” is a body which is not organised for the primary purpose of making a profit.”.
5.—(1) For regulation 7 substitute–
“Advice of money adviser not required
7. A debtor is entitled to make an application for the approval, or the variation, of a debt payment programme without obtaining the advice of a money adviser notwithstanding section 3(1) and (2) of the Act3.”.
(2) Omit–
(a)
(a) regulations 8 to 12 (money advisers);
(b)
(b) regulation 18(3)(d) (information on the DAS Register);
(c)
(c) regulation 43(1)(a) (grounds for revocation);
(d)
(d) Schedule 4 (money adviser training); and
(e)
(e) in Schedule 5, paragraph 8, “money advisers”.
6. In regulation 15(1) (functions and duty of a payments distributor)–
(a) in sub-paragraph (a), for “a money adviser” substitute “the DAS administrator”; and
(b) in sub-paragraph (c), for “money advisers” substitute “the DAS administrator”.
7. In regulation 18 (information on the DAS Register)–
(a) in sub-paragraph (2)(za)4and paragraph (3), for “22(2A)” substitute “20(5)”; and
(b) in sub-paragraph (2)(bb)(b) after “31(1)” insert “or (2)”.
8. In regulation 20 (application for approval)–
(a) for paragraph (2), substitute–
“2 An application under paragraph (1)–
(a) shall be in form 3; and
(b) subject to paragraph (4) and regulation 2(4), shall be sent to the DAS administrator by electronic means.”; and
(b) after paragraph (3) insert–
“4 Notwithstanding paragraph (2)(b), the DAS administrator may accept applications sent other than by electronic means where the DAS administrator considers it to be reasonable to do so.
5 A debtor who intends to make an application under this regulation may give written intimation of that intention to the DAS administrator; but a debtor is not to give such intimation on more than one occasion in any period of 12 months.”.
9. In regulation 21 (debtors who may apply for approval)–
(a) omit paragraph (1); and
(b) in paragraph (2) after “approval” insert “by a debtor of a debt payment programme”.
10. In regulation 22 (consent of every creditor), for paragraphs (2) to (5) substitute–
“2 The DAS administrator shall submit a request for consent to each creditor known to the DAS administrator.
3 The DAS administrator may dispense with the consent of a creditor where, within 35 days of making the request, consent has been obtained from–
(a) more than 50% of creditors by number; or
(b) creditors to whom are due more than 50% of the total debt included in a programme.
4 Where a creditor does not consent to an application under paragraph (1), and that consent is not dispensed with, the approval of a debt payment programme under regulations 25 or 26 shall not be invalid by reason only of the lack of consent if the debtor did not know, and could not reasonably have known, the identity of the creditor.”.
11. For regulation 25(1) (approval of agreed programmes), substitute–
“1 The DAS administrator shall approve a debt payment programme where each creditor–
(a) has consented to an application for approval under regulation 22(1); or
(b) their consent has been dispensed with under regulation 22(3).”.
12. In regulation 26(2) (approval by the DAS administrator)–
(a) after paragraph (a) insert–
“(aa)
“(aa) the number of debts in a programme;”;
(b) in paragraph (g) omit “(deemed or otherwise)”; and
(c) omit paragraph (h).
13. After regulation 26 (approval by the DAS administrator), insert–
“Minimum amount payable
26A. The DAS administrator may not approve a debt payment programme under regulation 25 or 26 unless the minimum amount payable under the programme each month is the greater of–
(a) £100; or
(b) 1% of the total amount of debt included in the programme.”.
14. In regulation 29(2) (standard conditions)–
(a) in paragraph (e) for “money adviser for a programme” substitute “DAS administrator”; and
(b) in paragraph (f) for “money adviser for the programme” substitute “DAS administrator” and for “adviser” on each occasion where it appears substitute “administrator”.
15. For regulation 31 (notification of approval or rejection) substitute–
“1 Where a debt payment programme is approved–
(a) the DAS administrator shall send to the debtor written notice of–
(i) the approval; and
(ii) any condition attached under regulation 30; and
(b) the approval shall have effect in accordance with regulation 28(2).
2 Where a debt payment programme is rejected the DAS administrator shall send to the debtor written notice of–
(a) the rejection; and
(b) the reasons for the rejection.
3 The DAS administrator shall intimate–
(a) the approval of an application to–
(i) each creditor known to the DAS administrator;
(ii) the clerk of a court that has made–
(aa) a conjoined arrestment order; or
(bb) an order or direction specified in regulation 26(2)(f)(ii) and (iii);
(iii) where payments are to be made under an earnings arrestment, the employer of the debtor; and
(iv) the payments distributor; or
(b) the rejection of an application to each creditor known to the DAS administrator.”.
16. In regulation 31A(2)(b) (diligence in the period before a debt payment programme is approved5), for “31(1)” substitute “31(2)”.
17. In regulation 33 (payment instruction to employer)–
(a) in paragraph (2), for “money adviser for the debt payment programme” substitute “DAS administrator”; and
(b) in paragraph (4)–
(i) for “a money adviser” substitute “the DAS administrator”; and
(ii) omit “(3)”.
18. In regulation 35 (effect on a creditor)–
(a) in sub-paragraph (1)(d), for “a money adviser” on each occasion where it appears substitute “the DAS administrator”; and
(b) in paragraph (2) for “form 5(a)” substitute “writing”.
19. For regulation 37 (application for variation) substitute–
“1 An application to the DAS administrator for variation of a debt payment programme may be made by a debtor or a creditor.
2 Where an application is made under paragraph (1) the DAS administrator shall intimate the application to each creditor taking part in the programme.
3 Where a creditor makes an application under paragraph (1), the creditor shall intimate the application to the debtor.
4 An application under paragraph (1) shall be in form 8.”.
20. For regulation 40 (notification of approval or rejection of a variation) substitute–
“1 Where a variation of a debt payment programme is approved the DAS administrator shall send to the debtor in writing–
(i) notice of the approval of the variation and its effect; and
(ii) written intimation of any condition attached under regulation 30.
2 Where an application for variation of a debt payment programme is rejected the DAS administrator shall send to the debtor in writing–
(a) notice of the rejection; and
(b) the reasons for the rejection.
3 The DAS administrator shall intimate in writing the reasons...
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