Scottish Statutory Instrument
2004
United Kingdom
The Debt Arrangement Scheme (Scotland) Regulations 2004
At a glance
What's here
17 compliance obligations
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 5
- Trader 5
- Distributor 4
- Employer 1
Plus 2 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Other Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 2337 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
Traders also bound by 826 other Acts (top 5 shown)
- Value Added Tax Regulations 1995 1995 413 duties
- Companies Act 2006 2006 243 duties
- The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 2008 114 duties
- Insolvency (England and Wales) Rules 2016 2016 62 duties
- Building Societies Act 1986 1986 56 duties
Distributors also bound by 177 other Acts (top 5 shown)
- The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 2017 28 duties
- The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 2017 26 duties
- The Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017 2017 25 duties
- Electricity Safety, Quality and Continuity Regulations 2002 2002 21 duties
- THE ELECTRICITY SAFETY, QUALITY AND CONTINUITY REGULATIONS (NORTHERN IRELAND) 2012 2012 19 duties
Employers also bound by 694 other Acts (top 5 shown)
- The Income Tax (Pay As You Earn) Regulations 2003 2003 236 duties
- Provision and Use of Work Equipment Regulations 1998 1998 120 duties
- TULRCA 1992 1992 72 duties
- Employment Rights (Northern Ireland) Order 1996 (current NI employment law) 1996 52 duties
- Income Tax (Earnings and Pensions) Act 2003 2003 50 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Browse 18 other Schedules — structural / supplementary
In section 15 (further provisions relating to sequestration) of the...
In section 2(2)(b) (disposal of application) of the Mortgage Rights...
In section 47(4) (exceptional attachment order) of the Act, at...
The relationship between prescription or limitation, and enforcement of debt....
The consequences for a debtor– (i) sequestration;
The operation of– (i) an earnings arrestment;
The nature of rights of appeal from the sheriff court....
Assisting a client to– (a) respond to admitted money claims...
Identifying the need to refer a case to an appropriate...
Hold a current licence under the Consumer Credit Act 1974....
Be registered under the Data Protection Act 1998 as a...
Make and maintain arrangements to ensure financial security of sums...
Make and maintain appropriate arrangements to accept and disburse payments...
Make and maintain appropriate arrangements to ensure compliance with Office...
Make and maintain appropriate arrangements for customer services.
Make and maintain appropriate arrangements for the issue of required...
Provide an information technology system to transmit reports to debtors,...
sch. 5
- Operate as a compliant payments distributor under the Debt Arrangement Scheme Distributor
Debtor to have a money adviser
- Money advisers must help debtors find a replacement adviser when they stop acting Any Person
Functions and duty of a money adviser
- Disclose free money advice options before charging fees Any Person
Notices by a money adviser: general
- Notify DAS administrator, payments distributor, and creditors of changes Trader
Functions and duty of a payments distributor
- Perform payments distributor functions and follow DAS guidance Distributor
Charges by a payments distributor
- Do not charge debtors; cap creditor fees at 5% Distributor
Consent of every creditor
- Respond to consent request for debt payment programme within 21 days Trader
Notification of approval or rejection
Other duties (1) — Crown / regulator
- DAS administrator must approve/reject debt payment programmes and notify money adviser Statutory regulator
Payment instruction to employer
- Deduct and pay specified sums from employee’s wages under a debt payment instruction Employer
Continuing liabilities
- Pay continuing liability amounts to the payments distributor Trader
Effect on a creditor
- Comply with restrictions and information duties during an approved debt payment programme Trader
Application for variation
- Attempt to agree variation with money adviser before applying, and notify all parties Trader
Notification of approval or rejection of a variation
- Notify creditors of variation decisions in writing Any Person
Notification of revocation
Other duties (1) — Crown / regulator
- DAS administrator must notify revocation of debt payment programme to all concerned parties Crown / Minister / Government department
Report of completion
- Payments distributor must send completion report to money adviser Distributor
Notices by a money adviser: completion
- Send completion notice to DAS administrator when debt programme finishes Any Person
Notification of completion
- Money adviser must confirm completion of debt payment programme to debtor, creditors and employer Any Person
Browse 34 other sections — procedural / definitional / commencement
Citation and commencement
Interpretation: general
Interpretation: debt
Dispensing power
Fees
Consequential amendments
Approval of a money adviser
Revocation, or suspension, of approval of a money adviser
Persons who may not be approved
Approval of a payments distributor
Revocation of approval of a payments distributor
Debt Arrangement Scheme Register
Information on the
Access to, and use of, information on the DAS Register
Application for approval
Debtors who may apply for approval
Objection by a creditor
Composition and waiver of interest
Approval of agreed programmes
Approval by the
Approval by the sheriff
Notice of intention to approve, and approval of, a programme
Standard conditions
Discretionary conditions
Methods of payment
Effect on a debtor
Grounds for variation
Approval of a variation
Revocation on sequestration
Application for revocation
Grounds for revocation
Determination of a revocation
Apparent insolvency
Appeals
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