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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.
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