Scottish Statutory Instrument SI 2004/468 United Kingdom

The Debt Arrangement Scheme (Scotland) Regulations 2004

Read it on legislation.gov.uk (opens in a new tab)
Status
In Force
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Any Person5 Trader5 Distributor4 Employer1

Plus 2 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties
Distributor — also bound by 182 other Acts
Employer — also bound by 682 other Acts
TULRCA 1992 72 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

sch. 5 sch. 5 Regulated
  • Operate as a compliant payments distributor under the Debt Arrangement SchemeDistributor
s.007 Debtor to have a money adviser Regulated
  • Money advisers must help debtors find a replacement adviser when they stop actingAny Person
s.011 Functions and duty of a money adviser Regulated
  • Disclose free money advice options before charging feesAny Person
s.012 Notices by a money adviser: general Regulated
  • Notify DAS administrator, payments distributor, and creditors of changesTrader
s.015 Functions and duty of a payments distributor Regulated
  • Perform payments distributor functions and follow DAS guidanceDistributor
s.016 Charges by a payments distributor Regulated
  • Do not charge debtors; cap creditor fees at 5%Distributor
s.022 Consent of every creditor Regulated
  • Respond to consent request for debt payment programme within 21 daysTrader
s.031 Notification of approval or rejection Regulated
Other duties (1) — Crown / regulator
  • DAS administrator must approve/reject debt payment programmes and notify money adviserStatutory regulator
s.033 Payment instruction to employer Regulated
  • Deduct and pay specified sums from employee’s wages under a debt payment instructionEmployer
s.034 Continuing liabilities Regulated
  • Pay continuing liability amounts to the payments distributorTrader
s.035 Effect on a creditor Regulated
  • Comply with restrictions and information duties during an approved debt payment programmeTrader
s.037 Application for variation Regulated
  • Attempt to agree variation with money adviser before applying, and notify all partiesTrader
s.040 Notification of approval or rejection of a variation Regulated
  • Notify creditors of variation decisions in writingAny Person
s.045 Notification of revocation Regulated
Other duties (1) — Crown / regulator
  • DAS administrator must notify revocation of debt payment programme to all concerned partiesCrown / Minister / Government department
s.047 Report of completion Regulated
  • Payments distributor must send completion report to money adviserDistributor
s.048 Notices by a money adviser: completion Regulated
  • Send completion notice to DAS administrator when debt programme finishesAny Person
s.049 Notification of completion Regulated
  • Money adviser must confirm completion of debt payment programme to debtor, creditors and employerAny Person
34 other provisions — procedural and definitional
s.001 Citation and commencement
s.002 Interpretation: general
s.003 Interpretation: debt
s.004 Dispensing power
s.005 Fees
s.006 Consequential amendments
s.008 Approval of a money adviser
s.009 Revocation, or suspension, of approval of a money adviser
s.010 Persons who may not be approved
s.013 Approval of a payments distributor
s.014 Revocation of approval of a payments distributor
s.017 Debt Arrangement Scheme Register
s.018 Information on the
s.019 Access to, and use of, information on the DAS Register
s.020 Application for approval
s.021 Debtors who may apply for approval
s.023 Objection by a creditor
s.024 Composition and waiver of interest
s.025 Approval of agreed programmes
s.026 Approval by the
s.027 Approval by the sheriff
s.028 Notice of intention to approve, and approval of, a programme
s.029 Standard conditions
s.030 Discretionary conditions
s.032 Methods of payment
s.036 Effect on a debtor
s.038 Grounds for variation
s.039 Approval of a variation
s.041 Revocation on sequestration
s.042 Application for revocation
s.043 Grounds for revocation
s.044 Determination of a revocation
s.046 Apparent insolvency
s.050 Appeals
Schedules

Schedules

0 of 18 shown
18 other schedules
s.sch003 In section 14 (registration of court order) of the 1985...
s.sch003 In section 15 (further provisions relating to sequestration) of the...
s.sch003 In section 2(2)(b) (disposal of application) of the Mortgage Rights...
s.sch003 In section 47(4) (exceptional attachment order) of the Act, at...
s.sch004 The relationship between prescription or limitation, and enforcement of debt....
s.sch004 The consequences for a debtor– (i) sequestration;
s.sch004 The operation of– (i) an earnings arrestment;
s.sch004 The nature of rights of appeal from the sheriff court....
s.sch004 Assisting a client to– (a) respond to admitted money claims...
s.sch004 Identifying the need to refer a case to an appropriate...
s.sch005 Hold a current licence under the Consumer Credit Act 1974....
s.sch005 Be registered under the Data Protection Act 1998 as a...
s.sch005 Make and maintain arrangements to ensure financial security of sums...
s.sch005 Make and maintain appropriate arrangements to accept and disburse payments...
s.sch005 Make and maintain appropriate arrangements to ensure compliance with Office...
s.sch005 Make and maintain appropriate arrangements for customer services.
s.sch005 Make and maintain appropriate arrangements for the issue of required...
s.sch005 Provide an information technology system to transmit reports to debtors,...

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.