PART 8REVOCATION OF DEBT PAYMENT PROGRAMMES
Revocation on sequestration41
Approval of a debt payment programme shall be revoked by the DAS administrator on an award of sequestration under a petition by a debtor for the sequestration of the debtor’s estate.
Application for revocation42
1
An application to the DAS administrator for revocation of the approval of a debt payment programme, shall only be made by–
a
a money adviser–
i
on behalf of a debtor; or
ii
in exercise of a function under these Regulations; or
b
a creditor taking part in the programme.
2
An application under paragraph (1) shall be in form 10.
Grounds for revocation43
Approval of a debt payment programme may be revoked by the DAS administrator on application under regulation 42 where a debtor–
a
without good cause, does not have a money adviser;
b
fails without reasonable cause to satisfy a condition under regulations 29 or 30;
c
makes a statement in an application under these Regulations which the debtor knows to be untrue; or
d
a payment to be paid under the programme becomes due, and there remains unpaid a sum, due in respect of previous payments so due, of not less than the aggregate of two such payments.
Determination of a revocation44
1
The DAS administrator in determining whether to revoke an approval of a debt payment programme shall have regard to–
a
any statement made by, or on behalf of a debtor;
b
the nature of any failure, or untrue statement;
c
any factor that tends to indicate whether or not the programme will be successful; and
2
The DAS administrator in determining whether to revoke an approval of a debt payment programme may have regard to any other factor that the administrator considers appropriate in all the circumstances.
Notification of revocation45
1
The DAS administrator shall give written notice to the money adviser for a debt payment programme of a revocation of the programme.
2
The DAS administrator shall specify the reason for the revocation.
3
Subject to paragraph (4), the money adviser shall intimate in writing the revocation by the DAS administrator, and the reasons–
a
to the debtor;
b
to each creditor known to the adviser in form 11;
c
the payments distributor;
d
where there is a payment instruction under regulation 33, to the employer.
4
Where there is no money adviser, the DAS administrator shall intimate the revocation to–
a
the persons specified in paragraph (3)(a) to (d); and
b
in form 11, to each creditor taking part in the programme.
Apparent insolvency46
In section 7(1) (meaning of apparent insolvency) of the 1985 Act21, at the end of paragraph–
a
(c)(v), omit “or”; and
b
(c)(vi), insert–
; or
vii
a debt payment programme under the Debt Arrangement and Attachment (Scotland) Act 200222 is revoked, where any debt being paid under the programme is constituted by a decree or document of debt as defined in section 10 (attachment) of that Act,