Scottish Statutory Instrument
2011
United Kingdom
The Debt Arrangement Scheme (Scotland) Regulations 2011
At a glance
What's here
16 compliance obligations
Who this Act binds
Plus 5 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
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 10 other Schedules — structural / supplementary
In section15 (further provisions relating to award of sequestration) of...
Debt Arrangement and Attachment (Scotland) Act 2002
Protected Trust Deed (Scotland) Regulations 2008
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...
sch. 4
- Hold licences, register for data protection, and maintain secure payment arrangements
Fees
- Payments distributor must remit 2% fee to DAS Administrator from creditor payments
Debtor to have an approved money adviser
- Use an approved money adviser to apply for a debt payment programme
Revocation, or suspension, of approval of a money adviser
Other duties (1) — Crown / regulator
- DAS Administrator must notify debtor of money adviser approval revocation/suspension Crown / Minister / Government department
Functions and duty of a money adviser
- Do not charge a fee for money advice unless debtor is informed of free options and consents in writing
Functions and duty of a payments distributor
- Carry out duties as a payments distributor under the Debt Arrangement Scheme
Charges by a payments distributor
- Payments distributors must not charge debtors for debt plan payments
Joint debt payment programme
- Debtors: consent is required for a joint debt payment programme
Consent of creditors
Other duties (1) — Crown / regulator
- DAS Administrator must maintain a record of creditor consents Statutory regulator
Notification of approval or rejection
Other duties (1) — Crown / regulator
- DAS Administrator must notify debtor and money adviser of approval or rejection of debt payment programme Statutory regulator
Payment instruction to employer
- Deduct and pay money from employee wages under a DAS payment instruction
Effect on a creditor
- Do not give credit to a debtor on a debt payment programme (except specific exemptions)
Notification of approval or rejection of a variation
Other duties (1) — Crown / regulator
- DAS Administrator must notify parties of variation decision Statutory regulator
Grounds for revocation
- Money adviser must notify creditors of proposal to revoke debt payment programme
Notification of revocation
Other duties (1) — Crown / regulator
- DAS Administrator must notify revocation to all relevant parties Statutory regulator
Notice of completion
- Payments distributor must send completion notice to all parties
Browse 36 other sections — procedural / definitional / commencement
Citation and commencement
Interpretation: general
Interpretation: debt
Dispensing power
Consequential amendments
Approved categories of money advisers
Approval of a money adviser
Persons who are not and may not be approved
Payments distributors for a debt payment programme
Approval of a payments distributor
Revocation of approval of a payments distributor
Debt Arrangement Scheme Register
Information on the
Application for approval
Debtors who may apply for approval
Approval of agreed programmes
Approval by the DAS Administrator
Notice of intention to approve, and approval of, a programme
Standard conditions
Discretionary conditions
Diligence or sequestration in the period before a debt payment programme is approved
Methods of payment
Diligence: further provision as regards effect of debt payment programme
Effect on trust deeds which are not protected
Application for variation
Grounds for variation
Approval of a variation
Revocation on sequestration or protected trust deed
Application for revocation
Determination of a revocation
Apparent insolvency
Appeals
Revocation of Debt Arrangement Scheme regulations
Savings and transitional arrangements
(1) Subject to regulation 49 and paragraph (2), the provisions...
Debt payment programmes in respect of which a request for...
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