The Debt Arrangement Scheme (Scotland) Regulations 2004
PART 1GENERAL
1Citation and commencement
2Interpretation: general
3Interpretation: debt
4Dispensing power
5Fees
6Consequential amendments
PART 2MONEY ADVISERS
7Debtor to have a money adviser
8Approval of a money adviser
9Revocation, or suspension, of approval of a money adviser
10Persons who may not be approved
11Functions and duty of a money adviser
12Notices by a money adviser: general
PART 3PAYMENTS DISTRIBUTORS
13Approval of a payments distributor
14Revocation of approval of a payments distributor
15Functions and duty of a payments distributor
16Charges by a payments distributor
PART 4DEBT ARRANGEMENT SCHEME REGISTER
17Debt Arrangement Scheme Register
18Information on the DAS Register
19Access to, and use of, information on the DAS Register
PART 5APPROVAL OF DEBT PAYMENT PROGRAMMES
20Application for approval
21Debtors who may apply for approval
22Consent of every creditor
23Objection by a creditor
24Composition and waiver of interest
25Approval of agreed programmes
26Approval by the DAS administrator
27Approval by the sheriff
28Notice of intention to approve, and approval of, a programme
29Standard conditions
30Discretionary conditions
31Notification of approval or rejection
PART 6DEBT PAYMENT PROGRAMMES
32Methods of payment
33Payment instruction to employer
34Continuing liabilities
35Effect on a creditor
36Effect on a debtor
PART 7VARIATION OF DEBT PAYMENT PROGRAMMES
37Application for variation
38Grounds for variation
39Approval of a variation
40Notification of approval or rejection of a variation
PART 8REVOCATION OF DEBT PAYMENT PROGRAMMES
41Revocation on sequestration
42Application for revocation
43Grounds for revocation
44Determination of a revocation
45Notification of revocation
46Apparent insolvency
PART 9COMPLETION OF A DEBT PAYMENT PROGRAMME
47Report of completion
48Notices by a money adviser: completion
49Notification of completion
PART 10APPEALS
50Appeals
SCHEDULE 1
The Debt Arrangement Scheme (Scotland) Regulations 2004
The Debt Arrangement Scheme (Scotland) Regulations 2004
The Debt Arrangement Scheme (Scotland) Regulations 2004
The Debt Arrangement Scheme (Scotland) Regulations 2004
The Debt Arrangement Scheme (Scotland) Regulations 2004
The Debt Arrangement Scheme (Scotland) Regulations 2004
The Debt Arrangement Scheme (Scotland) Regulations 2004
The Debt Arrangement Scheme (Scotland) Regulations 2004
The Debt Arrangement Scheme (Scotland) Regulations 2004
The Debt Arrangement Scheme (Scotland) Regulations 2004
The Debt Arrangement Scheme (Scotland) Regulations 2004
The Debt Arrangement Scheme (Scotland) Regulations 2004
The Debt Arrangement Scheme (Scotland) Regulations 2004
The Debt Arrangement Scheme (Scotland) Regulations 2004
The Debt Arrangement Scheme (Scotland) Regulations 2004
SCHEDULE 2FEES
SCHEDULE 3CONSEQUENTIAL AMENDMENTS
Bankruptcy (Scotland) Act 1985
1In section 14 (registration of court order) of the 1985...
2In section 15 (further provisions relating to sequestration) of the...
Mortgage Rights (Scotland) Act 2001
3In section 2(2)(b) (disposal of application) of the Mortgage Rights...
Debt Arrangement and Attachment (Scotland) Act 2002
4In section 47(4) (exceptional attachment order) of the Act, at...
SCHEDULE 4MONEY ADVISER TRAINING
1The relationship between prescription or limitation, and enforcement of debt....
2The consequences for a debtor– (i) sequestration;
3The operation of– (i) an earnings arrestment;
4The nature of rights of appeal from the sheriff court....
5Assisting a client to– (a) respond to admitted money claims...
6Identifying the need to refer a case to an appropriate...
SCHEDULE 5PAYMENTS DISTRIBUTORS
1Hold a current licence under the Consumer Credit Act 1974....
2Be registered under the Data Protection Act 1998 as a...
3Make and maintain arrangements to ensure financial security of sums...
4Make and maintain appropriate arrangements to accept and disburse payments...
5Make and maintain appropriate arrangements to ensure compliance with Office...
6Make and maintain appropriate arrangements for customer services.
7Make and maintain appropriate arrangements for the issue of required...
8Provide an information technology system to transmit reports to debtors,...

2004 No. 468

DEBTDILIGENCE

The Debt Arrangement Scheme (Scotland) Regulations 2004

Made

Coming into force

The Scottish Ministers, in exercise of the powers conferred by sections 2(3) and (4), 4(5), 5(4), 6(1), 7 and 62(2) of the Debt Arrangement and Attachment (Scotland) Act 20021 and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has, in accordance with section 62(4) of that Act, been laid before and approved by resolution of the Scottish Parliament: