C1Part 1The debt arrangement scheme

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Modifications etc. (not altering text)

2C1 Debt payment programmes

I21

A debt payment programme is a programme which provides for the payment of money owed by a debtor.

F11A

Subsection (1) above is subject to any provision in regulations made under section 7A(1) below.

I22

The Scottish Ministers may, on an application by a debtor, approve any debt payment programme set out in the application.

I1I33

Such an application F3... shall—

a

specify, to the best of the debtor’s knowledge and belief, in relation to each debt which the debtor is proposing to be paid under the debt payment programme—

i

the amount outstanding;

ii

the creditor to whom the debt is due; and

iii

the period for which the debt has been due;

b

set out the arrangements under which those debts are, in accordance with the provisions of the programme, to be paid, in particular specifying—

i

the amounts which the debtor proposes to pay under the programme;

ii

the proposed regularity of those payments;

iii

the manner in which those payments are to be made; and

iv

the manner in which, and period over which, each of the debts included in the programme is to be paid;

c

specify the name and address of the person (the “payments distributor”) who is to—

i

receive payments from the debtor; and

ii

pay, on behalf of the debtor, the debts included in the programme,

in accordance with the provisions of the programme; and

d

contain such other information (including information relating to the debtor’s financial circumstances), and be in such form, as may be prescribed.

I1I34

Such an application shall, subject to any contrary provision in regulations made under section 7(1) F2or 7A(1) below, incorporate the consent, indicated in the prescribed form, of all the debtor’s creditors.

I25

A person’s name and address shall not be specified in an application for approval of a debt payment programme as a payments distributor unless that person has been approved by the Scottish Ministers as a person suitable to carry out the functions of a payments distributor.