The Debt Arrangement Scheme (Scotland) Regulations 2004

Persons who may not be approved

10.—(1) A person specified in paragraph (2) shall not be a money adviser.

(2) A specified person is–

(a)a sheriff officer or messenger-at-arms, or an employee of such a person;

(b)a person or body providing financial services, or financial advice other than money advice, in the course of a business or otherwise for profit, or an employee of such a person, unless the person is a–

(i)solicitor;

(ii)chartered or certified accountant;

(iii)a credit union registered under the Industrial and Provident Societies Act 1965(1) by virtue of section 1 (registration under the Industrial and Provident Societies Act 1965) of the Credit Unions Act 1979(2);

(c)a person providing debt collection services, or an employee of such a person;

(d)a person convicted of an offence involving theft, fraud or other dishonesty;

(e)a debtor whose estate has been sequestrated, and who has not been discharged under sections 54 (automatic discharge after 3 years) or 75 (amendments, repeals and transitional provisions) of the 1985 Act(3);

(f)a bankrupt, who has not been discharged under sections 279 (duration) or 280 (discharge by order of the court) of the 1986 Act(4);

(g)a person subject to a bankruptcy restrictions order (including an interim order) or bound by a bankruptcy restrictions undertaking, under Schedule 4A (bankruptcy restrictions order and undertaking) of the 1986 Act(5);

(h)a person who has entered into a trust deed or protected trust deed for their creditors, and who has not been discharged from that deed; or

(i)a person in respect of whom a court has made a disqualification order under section 1, or who has had a disqualification undertaking accepted under section 2, of the Company Directors Disqualification Act 1986(6).