The Debt Arrangement Scheme (Scotland) Regulations 2004

Interpretation: debt

3.  In these Regulations, “Debt”–

(a)includes any sum due by a debtor–

(i)constituted by–

(aa)decree or document of debt;

(bb)judicial or contractual interest;

(cc)charges or penalties due under a contract on any default in respect, or breach of, that contract;

(dd)lease or tenancy agreement;

(ee)enactment;

(ii)secured by a standard security, to the extent that the sum is arrears of a periodic payment due to be paid under a loan agreement so secured;

(iii)recoverable from the debtor as enforcement expenses; and

(b)excludes any sum due by a debtor–

(i)to the extent it is secured by a standard security, other than where that sum is included under paragraph (a)(ii);

(ii)as a liability for the purpose of section 17(2B) of the Legal Aid (Scotland) Act 1986(1).