Scottish Statutory Instrument SI 2011/141 United Kingdom

The Debt Arrangement Scheme (Scotland) Regulations 2011

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.

Distributor5 Trader3 Any Person2 Employer1

Plus 5 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.

Distributor — also bound by 182 other Acts
Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties
Any Person — also bound by 2340 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. 4 sch. 4 Regulated
  • Hold licences, register for data protection, and maintain secure payment arrangementsDistributor
s.005 Fees Regulated
  • Payments distributor must remit 2% fee to DAS Administrator from creditor paymentsDistributor
s.007 Debtor to have an approved money adviser Regulated
  • Use an approved money adviser to apply for a debt payment programmeTrader
s.011 Revocation, or suspension, of approval of a money adviser Regulated
Other duties (1) — Crown / regulator
  • DAS Administrator must notify debtor of money adviser approval revocation/suspensionCrown / Minister / Government department
s.012 Functions and duty of a money adviser Regulated
  • Do not charge a fee for money advice unless debtor is informed of free options and consents in writingAny Person
s.016 Functions and duty of a payments distributor Regulated
  • Carry out duties as a payments distributor under the Debt Arrangement SchemeDistributor
s.017 Charges by a payments distributor Regulated
  • Payments distributors must not charge debtors for debt plan paymentsDistributor
s.022 Joint debt payment programme Regulated
  • Debtors: consent is required for a joint debt payment programmeTrader
s.023 Consent of creditors Regulated
Other duties (1) — Crown / regulator
  • DAS Administrator must maintain a record of creditor consentsStatutory regulator
s.029 Notification of approval or rejection Regulated
Other duties (1) — Crown / regulator
  • DAS Administrator must notify debtor and money adviser of approval or rejection of debt payment programmeStatutory regulator
s.032 Payment instruction to employer Regulated
  • Deduct and pay money from employee wages under a DAS payment instructionEmployer
s.033 Effect on a creditor Regulated
  • Do not give credit to a debtor on a debt payment programme (except specific exemptions)Trader
s.039 Notification of approval or rejection of a variation Regulated
Other duties (1) — Crown / regulator
  • DAS Administrator must notify parties of variation decisionStatutory regulator
s.042 Grounds for revocation Regulated
  • Money adviser must notify creditors of proposal to revoke debt payment programmeAny Person
s.044 Notification of revocation Regulated
Other duties (1) — Crown / regulator
  • DAS Administrator must notify revocation to all relevant partiesStatutory regulator
s.046 Notice of completion Regulated
  • Payments distributor must send completion notice to all partiesDistributor
36 other provisions — procedural and definitional
s.001 Citation and commencement
s.002 Interpretation: general
s.003 Interpretation: debt
s.004 Dispensing power
s.006 Consequential amendments
s.008 Approved categories of money advisers
s.009 Approval of a money adviser
s.010 Persons who are not and may not be approved
s.013 Payments distributors for a debt payment programme
s.014 Approval of a payments distributor
s.015 Revocation of approval of a payments distributor
s.018 Debt Arrangement Scheme Register
s.019 Information on the
s.020 Application for approval
s.021 Debtors who may apply for approval
s.024 Approval of agreed programmes
s.025 Approval by the DAS Administrator
s.026 Notice of intention to approve, and approval of, a programme
s.027 Standard conditions
s.028 Discretionary conditions
s.030 Diligence or sequestration in the period before a debt payment programme is approved
s.031 Methods of payment
s.034 Diligence: further provision as regards effect of debt payment programme
s.035 Effect on trust deeds which are not protected
s.036 Application for variation
s.037 Grounds for variation
s.038 Approval of a variation
s.040 Revocation on sequestration or protected trust deed
s.041 Application for revocation
s.043 Determination of a revocation
s.045 Apparent insolvency
s.047 Appeals
s.048 Revocation of Debt Arrangement Scheme regulations
s.049 Savings and transitional arrangements
s.050 (1) Subject to regulation 49 and paragraph (2), the provisions...
s.051 Debt payment programmes in respect of which a request for...
Schedules

Schedules

0 of 10 shown
10 other schedules
s.sch002 Bankruptcy (Scotland) Act 1985
s.sch002 In section15 (further provisions relating to award of sequestration) of...
s.sch002 Debt Arrangement and Attachment (Scotland) Act 2002
s.sch002 Protected Trust Deed (Scotland) Regulations 2008
s.sch003 The relationship between prescription or limitation, and enforcement of debt....
s.sch003 The consequences for a debtor— (i) sequestration;
s.sch003 The operation of— (i) an earnings arrestment;
s.sch003 The nature of rights of appeal from the sheriff court....
s.sch003 Assisting a client to— (a) respond to admitted money claims...
s.sch003 Identifying the need to refer a case to an appropriate...

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