The Debt Arrangement Scheme (Scotland) Regulations 2004

Functions and duty of a money adviser

11.—(1) It is a function of a money adviser to–

(a) provide money advice to a debtor;

(b) liaise with creditors on behalf of a debtor;

(c) assist a debtor with, and advise on, implementation or variation of a debt payment programme;

(d) prepare and submit on behalf of a debtor an application under these Regulations;

(e) review a debt payment programme in every sixth month of operation;

(f) act as a lay representative in a court, where the adviser has accepted instructions by a debtor to act;

(g) seek revocation of a debt payment programme, where no payments have been made under the programme for 12 months; and

(h) provide, as required by the DAS administrator, evidence of or information about the participation of a debtor in a debt payment programme.

(2) A money adviser shall not charge a fee to a debtor for money advice, unless the adviser has informed the debtor–

(a) that money advice is available without any fee or payment being due by the debtor (“free money advice”);

(b) of the name of–

(i) any adviser (or all, if more than one) providing free money advice within a 10 kilometre radius of the debtor’s usual place of residence; or

(ii) the nearest adviser providing free money advice to the debtor’s place of residence, where there is no adviser within a 10 kilometre radius of the debtor’s usual place of residence, and

the debtor has agreed in writing to pay a fee.

(3) A money adviser shall have regard to guidance issued by the DAS administrator when carrying out a function of an adviser.