The Debt Arrangement Scheme (Scotland) Regulations 2004

Regulation 2(2)

SCHEDULE 1

Regulation 8(1)

The Debt Arrangement Scheme (Scotland) Regulations 2004

Regulation 13(1)

The Debt Arrangement Scheme (Scotland) Regulations 2004

Regulation 20(2)

The Debt Arrangement Scheme (Scotland) Regulations 2004

Regulation 22(2)

The Debt Arrangement Scheme (Scotland) Regulations 2004

Regulation 31(4) and 35(2)

The Debt Arrangement Scheme (Scotland) Regulations 2004

Regulation 33(1)

The Debt Arrangement Scheme (Scotland) Regulations 2004

Regulation 35(1)

The Debt Arrangement Scheme (Scotland) Regulations 2004

Regulation 37(5)

The Debt Arrangement Scheme (Scotland) Regulations 2004

Regulation 40 (4)

The Debt Arrangement Scheme (Scotland) Regulations 2004

Regulation 42(2)

The Debt Arrangement Scheme (Scotland) Regulations 2004

Regulation 45(3) and (4)

The Debt Arrangement Scheme (Scotland) Regulations 2004

Regulation 47

The Debt Arrangement Scheme (Scotland) Regulations 2004

Regulation 48(1)

The Debt Arrangement Scheme (Scotland) Regulations 2004

Regulation 49(1)

The Debt Arrangement Scheme (Scotland) Regulations 2004

Regulation 49 (2)

The Debt Arrangement Scheme (Scotland) Regulations 2004

Regulation 5

SCHEDULE 2FEES

Regulation 5

SCHEDULE 3CONSEQUENTIAL AMENDMENTS

Bankruptcy (Scotland) Act 1985

1.  In section 14 (registration of court order) of the 1985 Act(1), after sub section (1)(b) insert–

“(c)a copy of the order to the DAS administrator (as defined in regulation 2(1) of the Debt Arrangement Scheme (Scotland) Regulations 2004), where the debtor is taking part in a debt payment programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002”.

2.  In section 15 (further provisions relating to sequestration) of the 1985 Act(2), for subsection (5)(b) substitute–

“(b)forthwith send a copy of the order refusing or awarding sequestration to–

(i)the Accountant in Bankruptcy;

(ii)the DAS administrator (as defined in regulation 2(1) of the Debt Arrangement Scheme (Scotland) Regulations 2004), where the debtor is taking part in a debt payment programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002”.

Mortgage Rights (Scotland) Act 2001

3.  In section 2(2)(b) (disposal of application) of the Mortgage Rights (Scotland) Act 2001(3), after “default” insert–

“and where appropriate to participation by the debtor in a debt payment programme approved under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002”.

Debt Arrangement and Attachment (Scotland) Act 2002

4.  In section 47(4) (exceptional attachment order) of the Act, at the end of paragraph–

(a)(f), omit “and”; and

(b)(g), insert–

“; and

(h)whether an application by the debtor for approval of a debt payment programme under Part 1 of this Act has been refused or approved, and if approved, whether that programme has been varied, or is revoked or completed.”.

Regulation 8(3)

SCHEDULE 4MONEY ADVISER TRAINING

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

2.  The consequences for a debtor–

(i)sequestration;

(ii)taking part in a debt payment programme;

(iii)signing a trust deed;

(iv)a trust deed becoming a protected trust deed; and

(v)extra-judicial composition.

3.  The operation of–

(i)an earnings arrestment;

(ii)a furthcoming;

(iii)an attachment, exceptional attachment and auction of moveables; and

(iv)the debt arrangement scheme under Part 1 of the Act and prescribed by these Regulations.

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

5.  Assisting a client to–

(a)respond to admitted money claims in the sheriff courts;

(b)make or oppose an application in the sheriff courts for–

(i)recall of decree;

(ii)dismissal or absolvitor;

(iii)continuation of a cause;

(iv)a sist;

(c)apply for recall or restriction of an arrestment;

(d)make an application under the Debtors (Scotland) Act 1987(4);

(e)apply for recall of an attachment, exceptional attachment, or an order under Parts 2 and 3 of the Act; or

(f)make an application under these Regulations.

6.  Identifying the need to refer a case to an appropriate specialist, and know how to access specialist support.

Regulation 13(3)

SCHEDULE 5PAYMENTS DISTRIBUTORS

A payments distributor shall:–

1.  Hold a current licence under the Consumer Credit Act 1974(5).

2.  Be registered under the Data Protection Act 1998(6) as a data processor.

3.  Make and maintain arrangements to ensure financial security of sums received from debtors for disbursement to creditors.

4.  Make and maintain appropriate arrangements to accept and disburse payments using all methods approved under regulation 32(1).

5.  Make and maintain appropriate arrangements to ensure compliance with Office of Fair Trading Codes of Practice relative to debt management and collection guidance.

6.  Make and maintain appropriate arrangements for customer services.

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

8.  Provide an information technology system to transmit reports to debtors, creditors, money advisers, DAS administrator by the preferred medium (e.g. text and or data files).