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The Debt Arrangement Scheme (Scotland) Regulations 2004

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Debt Arrangement Scheme (Scotland) Regulations 2004 No. 468

  1. Introductory Text

  2. PART 1 GENERAL

    1. 1.Citation and commencement

    2. 2.Interpretation: general

    3. 3.Interpretation: debt

    4. 4.Dispensing power

    5. 5.Fees

    6. 6.Consequential amendments

  3. PART 2 MONEY ADVISERS

    1. 7.Debtor to have a money adviser

    2. 8.Approval of a money adviser

    3. 9.Revocation, or suspension, of approval of a money adviser

    4. 10.Persons who may not be approved

    5. 11.Functions and duty of a money adviser

    6. 12.Notices by a money adviser: general

  4. PART 3 PAYMENTS DISTRIBUTORS

    1. 13.Approval of a payments distributor

    2. 14.Revocation of approval of a payments distributor

    3. 15.Functions and duty of a payments distributor

    4. 16.Charges by a payments distributor

  5. PART 4 DEBT ARRANGEMENT SCHEME REGISTER

    1. 17.Debt Arrangement Scheme Register

    2. 18.Information on the DAS Register

    3. 19.Access to, and use of, information on the DAS Register

  6. PART 5 APPROVAL OF DEBT PAYMENT PROGRAMMES

    1. 20.Application for approval

    2. 21.Debtors who may apply for approval

    3. 22.Consent of every creditor

    4. 23.Objection by a creditor

    5. 24.Composition and waiver of interest

    6. 25.Approval of agreed programmes

    7. 26.Approval by the DAS administrator

    8. 27.Approval by the sheriff

    9. 28.Notice of intention to approve, and approval of, a programme

    10. 29.Standard conditions

    11. 30.Discretionary conditions

    12. 31.Notification of approval or rejection

  7. PART 6 DEBT PAYMENT PROGRAMMES

    1. 32.Methods of payment

    2. 33.Payment instruction to employer

    3. 34.Continuing liabilities

    4. 35.Effect on a creditor

    5. 36.Effect on a debtor

  8. PART 7 VARIATION OF DEBT PAYMENT PROGRAMMES

    1. 37.Application for variation

    2. 38.Grounds for variation

    3. 39.Approval of a variation

    4. 40.Notification of approval or rejection of a variation

  9. PART 8 REVOCATION OF DEBT PAYMENT PROGRAMMES

    1. 41.Revocation on sequestration

    2. 42.Application for revocation

    3. 43.Grounds for revocation

    4. 44.Determination of a revocation

    5. 45.Notification of revocation

    6. 46.Apparent insolvency

  10. PART 9 COMPLETION OF A DEBT PAYMENT PROGRAMME

    1. 47.Report of completion

    2. 48.Notices by a money adviser: completion

    3. 49.Notification of completion

  11. PART 10 APPEALS

    1. 50.Appeals

  12. Signature

    1. SCHEDULE 1

      ARRANGEMENT OF FORMS

      1. The Debt Arrangement Scheme (Scotland) Regulations 2004

          FORM 1

          APPLICATION FOR APPROVAL AS MONEY ADVISER

      2. The Debt Arrangement Scheme (Scotland) Regulations 2004

          FORM 2

          APPLICATION FOR APPROVAL AS PAYMENTS DISTRIBUTOR

      3. The Debt Arrangement Scheme (Scotland) Regulations 2004

          FORM 3

          APPLICATION FOR APPROVAL OF A DEBT PAYMENT PROGRAMME

      4. The Debt Arrangement Scheme (Scotland) Regulations 2004

          FORM 4

          NOTIFICATION TO CREDITOR OF APPLICATION FOR APPROVAL OF A DEBT PAYMENT PROGRAMME

      5. The Debt Arrangement Scheme (Scotland) Regulations 2004

          FORM 5

          NOTIFICATION OF APPROVAL OF A DEBT PAYMENT PROGRAMME

      6. The Debt Arrangement Scheme (Scotland) Regulations 2004

          FORM 6

          PAYMENT INSTRUCTION TO EMPLOYER

      7. The Debt Arrangement Scheme (Scotland) Regulations 2004

          FORM 7

          NOTICE OF RECALL OF AN ARRESTMENT

      8. The Debt Arrangement Scheme (Scotland) Regulations 2004

          FORM 8

          APPLICATION FOR VARIATION OF A DEBT PAYMENT PROGRAMME

      9. The Debt Arrangement Scheme (Scotland) Regulations 2004

          FORM 9

          NOTIFICATION TO CREDITOR OF DETERMINATION OF VARIATION

      10. The Debt Arrangement Scheme (Scotland) Regulations 2004

          FORM 10

          APPLICATION FOR REVOCATION OF A DEBT PAYMENT PROGRAMME

      11. The Debt Arrangement Scheme (Scotland) Regulations 2004

          FORM 11

          NOTICE OF REVOCATION

      12. The Debt Arrangement Scheme (Scotland) Regulations 2004

          FORM 12

          REPORT OF COMPLETION BY PAYMENTS DISTRIBUTOR

      13. The Debt Arrangement Scheme (Scotland) Regulations 2004

          FORM 13

          NOTICE OF COMPLETION BY MONEY ADVISER

      14. The Debt Arrangement Scheme (Scotland) Regulations 2004

          FORM 14

          CONFIRMATION OF COMPLETION BY DAS ADMINISTRATOR

      15. The Debt Arrangement Scheme (Scotland) Regulations 2004

          FORM 15

          NOTIFICATION TO CREDITOR OF COMPLETION OF A DEBT PAYMENT PROGRAMME

    2. SCHEDULE 2

      FEES

    3. SCHEDULE 3

      CONSEQUENTIAL AMENDMENTS

      1. Bankruptcy (Scotland) Act 1985

        1. 1.In section 14 (registration of court order) of the 1985...

        2. 2.In section 15 (further provisions relating to sequestration) of the...

      2. Mortgage Rights (Scotland) Act 2001

        1. 3.In section 2(2)(b) (disposal of application) of the Mortgage Rights...

      3. Debt Arrangement and Attachment (Scotland) Act 2002

        1. 4.In section 47(4) (exceptional attachment order) of the Act, at...

    4. SCHEDULE 4

      MONEY ADVISER TRAINING

      1. 1.The relationship between prescription or limitation, and enforcement of debt....

      2. 2.The consequences for a debtor– (i) sequestration;

      3. 3.The operation of– (i) an earnings arrestment;

      4. 4.The nature of rights of appeal from the sheriff court....

      5. 5.Assisting a client to– (a) respond to admitted money claims...

      6. 6.Identifying the need to refer a case to an appropriate...

    5. SCHEDULE 5

      PAYMENTS DISTRIBUTORS

      1. 1.Hold a current licence under the Consumer Credit Act 1974....

      2. 2.Be registered under the Data Protection Act 1998 as a...

      3. 3.Make and maintain arrangements to ensure financial security of sums...

      4. 4.Make and maintain appropriate arrangements to accept and disburse payments...

      5. 5.Make and maintain appropriate arrangements to ensure compliance with Office...

      6. 6.Make and maintain appropriate arrangements for customer services.

      7. 7.Make and maintain appropriate arrangements for the issue of required...

      8. 8.Provide an information technology system to transmit reports to debtors,...

  14. Explanatory Note

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