Debt advice provider fees and referrals
- Debt advice providers must not charge fees and must notify the Secretary of State of referrals Employer
UK Statutory Instrument
2020
United Kingdom
The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020
At a glance
What's here
20 compliance obligations
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 10
- Trader 6
- Employer 2
- Data Controller 1
Plus 1 non-business duty 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
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
Data Controllers also bound by 38 other Acts (top 5 shown)
- UK GDPR (retained EU law) 2016 126 duties
- The Town and Country Planning (Entertainment Resort Complex, Bedford) Special Development (No. 2) Order 2025 2025 50 duties
- Data Protection Act 2018 2018 46 duties
- Regulation (EU) 2018/1139 (EASA Basic Regulation) 2018 6 duties
- Commission Delegated Regulation (EU) No 231/2013 of 19 December 2012 supplementing Directive 2011/61/EU of the European Parliament and of the Council with regard to exemptions, general operating conditions, depositaries, leverage, transparency and supervision (Text with EEA relevance) 2013 5 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.
Effect of a moratorium
- Do not take enforcement action or charge interest/fees on a moratorium debt during a Breathing Space period Trader
Existing legal proceedings at the start of a moratorium
- Notify court or tribunal of moratorium if you have pending legal proceedings Trader
Agent appointed by creditor
- Notify your agent if a debtor enters a Breathing Space moratorium Trader
Creditor search for additional debt
- Search your records for additional debts when notified of a breathing space Trader
Application of moratorium to additional debt
- Debt advice providers must assess and notify additional debts during a moratorium Any Person
Review and cancellation of a moratorium as a result of a creditor request
- Review and cancel a breathing space moratorium upon creditor request Any Person
Court application by creditor for cancellation of a moratorium
- Apply to court to challenge a breathing space moratorium Trader
Provision of updated information to the Secretary of State to correct mistakes and inaccuracies
- Correct mistakes and inaccuracies in information provided to the Secretary of State Any Person
Death of debtor during a moratorium period
- Notify Secretary of State of debtor's death during moratorium Any Person
Debtor eligibility for a breathing space moratorium and debt advice provider obligations
- Consider and initiate breathing space moratorium for eligible debtors Any Person
Initiation of breathing space moratorium
Other duties (1) — Crown / regulator
- Debt advice providers must submit confirmation to start a breathing space Crown / Minister / Government department
Midway review and cancellation of breathing space moratorium
- Conduct midway review of breathing space moratorium and cancel if required Trader
Debtor eligibility for a mental health crisis moratorium and debt advice provider obligations
- Assess eligibility and initiate mental health crisis moratorium Any Person
Initiation of mental health crisis moratorium
- Provide confirmation and information to initiate a mental health crisis moratorium Any Person
Duration of mental health crisis moratorium
- Debt advice provider must notify Secretary of State when mental health crisis moratorium ends Data Controller
Request by a debt advice provider for information about a debtor’s receipt of mental health crisis treatment
- Request treatment status updates from debtor's point of contact Any Person
Cancellation of mental health crisis moratorium
- Cancel a mental health crisis moratorium if evidence is false or debtor requests it Employer
Notifications provided to and by the Secretary of State
- Use the electronic system when providing information to the Secretary of State Any Person
Non-disclosure of a debtor’s usual residential address
- Consider and determine debtor’s application for address non-disclosure Any Person
Browse 20 other sections — procedural / definitional / commencement
Citation, commencement, extent and application
Interpretation
Meaning of debt advice provider
Qualifying debt
Moratorium debt
Extension of limitation periods because of a moratorium
Extension of other deadlines because of a moratorium
Contact between creditor or agent and debtor during a moratorium
Meaning of creditor by assignment
Applicant and debtor obligations
Creditor’s request for review of a moratorium
Disclosure of information
Application for a breathing space moratorium
Duration of breathing space moratorium
Meaning of mental health crisis moratorium
Application for a mental health crisis moratorium
Electronic system maintained by the Secretary of State
Information about a debtor held on the register
Electronic system malfunction
Review
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