Part 13Amendments of the Debt Arrangement and Attachment (Scotland) Act 2002

211Debt payment programmes with debt relief

1

The 2002 Act is amended as follows.

2

In section 2 (debt payment programmes)—

a

after subsection (1) insert—

1A

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

b

in subsection (4), after “section 7(1)” insert “ or 7A(1) ”.

3

After section 7 insert—

7ADebt payment programmes: power to make provision about debt relief

1

The Scottish Ministers may, by regulations, make such further provision as they think fit in connection with debt payment programmes for the purposes of—

a

enabling such programmes to provide for the payment of part only of money owed by debtors; and

b

on the completion of such programmes or otherwise, enabling any liability of debtors to pay any part of such money owed as is outstanding to be discharged.

2

The regulations may, in particular, make provision about—

a

the minimum proportion or percentage of debts which shall be paid under such debt payment programmes;

b

without prejudice to section 7(2)(h) to (j) above, the consent of creditors for the purposes of section 2(4) above (including the circumstances in which consent by a majority by number or in value shall be sufficient);

c

the effect of such programmes on debtors' liabilities for interest, fees, penalties and other charges in relation to debts being paid under such programmes;

d

the effect of such programmes on the rights of creditors to charge interest, fees, penalties or other charges in relation to debts being paid under such programmes;

e

circumstances in which, on completion of such programmes or otherwise, any liability of debtors to pay—

i

part of any debts as are outstanding; or

ii

any interest, fees, penalties or other charges in relation to such debts,

is to be discharged.

3

Subsections (3) and (4) of section 7 above apply for the purposes of regulations under this section as they apply for the purposes of regulations under subsection (1) of that section.

4

In section 62 (regulations and orders)—

a

in subsection (3), for “of this Act”, where those words second occur, substitute “ above or regulations made under section 7A above ”; and

b

in subsection (4), after “section 7 above” insert “ , any regulations made under section 7A above ”.