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
”
.