PART 5APPROVAL OF DEBT PAYMENT PROGRAMMES

Application for approval20

1

A debtor who is habitually resident in Scotland may apply to the DAS Administrator for approval of a debt payment programme.

2

An application under paragraph (1)—

a

must be made by a money adviser on behalf of the debtor in form 1;

b

is competent if (instead of being signed by the debtor) it contains a declaration by the money adviser that the debtor has—

i

been given appropriate advice by the money adviser; and

ii

consented to proceed without signing the application;

c

is competent notwithstanding that the consent of the creditor under section 2(4) of the Act and regulation 23 is not incorporated in form 1.

3

A debtor who intends to apply may give written intimation of that intention to the DAS Administrator; but a debtor is not to give intimation under this paragraph on more than one occasion in any period of 12 months (except on revocation of a joint debt payment programme on the ground that conditions in regulation 22(1)(b) or (2) no longer apply).

4

The debtor may, at any time before the application is approved or rejected, intimate to the DAS Administrator in writing that the application is withdrawn.

5

In section 3(2)(a) (money advisor declaration) of the Act, omit “signed”.