UK Statutory Instrument SI 2020/1311 United Kingdom

The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020

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 Person10 Trader6 Employer2 Data Controller1

Plus 1 duty 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
Employer — also bound by 682 other Acts
TULRCA 1992 72 duties
Data Controller — also bound by 35 other Acts

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.

s.004 Debt advice provider fees and referrals Regulated
  • Debt advice providers must not charge fees and must notify the Secretary of State of referralsEmployer
s.007 Effect of a moratorium Regulated
  • Do not take enforcement action or charge interest/fees on a moratorium debt during a Breathing Space periodTrader
s.010 Existing legal proceedings at the start of a moratorium Regulated
  • Notify court or tribunal of moratorium if you have pending legal proceedingsTrader
s.012 Agent appointed by creditor Regulated
  • Notify your agent if a debtor enters a Breathing Space moratoriumTrader
s.014 Creditor search for additional debt Regulated
  • Search your records for additional debts when notified of a breathing spaceTrader
s.015 Application of moratorium to additional debt Regulated
  • Debt advice providers must assess and notify additional debts during a moratoriumAny Person
s.018 Review and cancellation of a moratorium as a result of a creditor request Regulated
  • Review and cancel a breathing space moratorium upon creditor requestAny Person
s.019 Court application by creditor for cancellation of a moratorium Regulated
  • Apply to court to challenge a breathing space moratoriumTrader
s.020 Provision of updated information to the Secretary of State to correct mistakes and inaccuracies Regulated
  • Correct mistakes and inaccuracies in information provided to the Secretary of StateAny Person
s.021 Death of debtor during a moratorium period Regulated
  • Notify Secretary of State of debtor's death during moratoriumAny Person
s.024 Debtor eligibility for a breathing space moratorium and debt advice provider obligations Regulated
  • Consider and initiate breathing space moratorium for eligible debtorsAny Person
s.025 Initiation of breathing space moratorium Regulated
Other duties (1) — Crown / regulator
  • Debt advice providers must submit confirmation to start a breathing spaceCrown / Minister / Government department
s.027 Midway review and cancellation of breathing space moratorium Regulated
  • Conduct midway review of breathing space moratorium and cancel if requiredTrader
s.030 Debtor eligibility for a mental health crisis moratorium and debt advice provider obligations Regulated
  • Assess eligibility and initiate mental health crisis moratoriumAny Person
s.031 Initiation of mental health crisis moratorium Regulated
  • Provide confirmation and information to initiate a mental health crisis moratoriumAny Person
s.032 Duration of mental health crisis moratorium Regulated
  • Debt advice provider must notify Secretary of State when mental health crisis moratorium endsData Controller
s.033 Request by a debt advice provider for information about a debtor’s receipt of mental health crisis treatment Regulated
  • Request treatment status updates from debtor's point of contactAny Person
s.034 Cancellation of mental health crisis moratorium Regulated
  • Cancel a mental health crisis moratorium if evidence is false or debtor requests itEmployer
s.037 Notifications provided to and by the Secretary of State Regulated
  • Use the electronic system when providing information to the Secretary of StateAny Person
s.038 Non-disclosure of a debtor’s usual residential address Regulated
  • Consider and determine debtor’s application for address non-disclosureAny Person
20 other provisions — procedural and definitional
s.001 Citation, commencement, extent and application
s.002 Interpretation
s.003 Meaning of debt advice provider
s.005 Qualifying debt
s.006 Moratorium debt
s.008 Extension of limitation periods because of a moratorium
s.009 Extension of other deadlines because of a moratorium
s.011 Contact between creditor or agent and debtor during a moratorium
s.013 Meaning of creditor by assignment
s.016 Applicant and debtor obligations
s.017 Creditor’s request for review of a moratorium
s.022 Disclosure of information
s.023 Application for a breathing space moratorium
s.026 Duration of breathing space moratorium
s.028 Meaning of mental health crisis moratorium
s.029 Application for a mental health crisis moratorium
s.035 Electronic system maintained by the Secretary of State
s.036 Information about a debtor held on the register
s.039 Electronic system malfunction
s.040 Review

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