- Deddfwriaeth Ddrafft
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Debt Arrangement Scheme (Scotland) Regulations 2004 No. 468
Regulation 2(2)
1.Application for approval as a money adviser
2.Application for approval as a payments distributor
3.Application for approval of a debt payment programme
4.Notification to creditor of application for approval of a debt payment programme
5.Notification of approval of a debt payment programme
6.Payment instruction to employer
7.Notice of recall of an arrestment
8.Application for variation of a debt payment programme
9.Notification to creditor of determination of variation
10.Application for revocation of a debt payment programme
11.Notification of revocation
12.Report of completion by a payments distributor
13.Notice of completion by money adviser
14.Confirmation of completion by DAS administrator
15.Notification to creditor of completion of a debt payment programme
Regulation 8(1)
Regulation 13(1)
Regulation 20(2)
Regulation 22(2)
Regulations 31(4) and 35(2)
Regulation 33(1)
Regulation 35(1)
Regulation 37(5)
Regulation 40 (4)
Regulation 42(2)
Regulation 45(3) and (4)
Regulation 47
Regulation 49
Regulation 49(1)
Regulation 49 (2)
Regulation 5
Column 1 | Column 2 |
---|---|
Matters | Fees payable |
Single inspection of the Debt Arrangement Scheme Register (“DAS Register”) | £5 |
Multiple inspections of the DAS Register, for– | |
(a)one week | (a)£100 |
(b)4 weeks | (b)£250 |
(c)one year | (c)£500 |
Note: inspection fees payable in advance |
Regulation 5
1. In section 14 (registration of court order) of the 1985 Act(1), after sub section (1)(b) insert–
“(c)a copy of the order to the DAS administrator (as defined in regulation 2(1) of the Debt Arrangement Scheme (Scotland) Regulations 2004), where the debtor is taking part in a debt payment programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002”.
2. In section 15 (further provisions relating to sequestration) of the 1985 Act(2), for subsection (5)(b) substitute–
“(b)forthwith send a copy of the order refusing or awarding sequestration to–
(i)the Accountant in Bankruptcy;
(ii)the DAS administrator (as defined in regulation 2(1) of the Debt Arrangement Scheme (Scotland) Regulations 2004), where the debtor is taking part in a debt payment programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002”.
3. In section 2(2)(b) (disposal of application) of the Mortgage Rights (Scotland) Act 2001(3), after “default” insert–
“and where appropriate to participation by the debtor in a debt payment programme approved under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002”.
4. In section 47(4) (exceptional attachment order) of the Act, at the end of paragraph–
(a)(f), omit “and”; and
(b)(g), insert–
“; and
(h)whether an application by the debtor for approval of a debt payment programme under Part 1 of this Act has been refused or approved, and if approved, whether that programme has been varied, or is revoked or completed.”.
Regulation 8(3)
1. The relationship between prescription or limitation, and enforcement of debt.
2. The consequences for a debtor–
(i)sequestration;
(ii)taking part in a debt payment programme;
(iii)signing a trust deed;
(iv)a trust deed becoming a protected trust deed; and
(v)extra-judicial composition.
3. The operation of–
(i)an earnings arrestment;
(ii)a furthcoming;
(iii)an attachment, exceptional attachment and auction of moveables; and
(iv)the debt arrangement scheme under Part 1 of the Act and prescribed by these Regulations.
4. The nature of rights of appeal from the sheriff court.
5. Assisting a client to–
(a)respond to admitted money claims in the sheriff courts;
(b)make or oppose an application in the sheriff courts for–
(i)recall of decree;
(ii)dismissal or absolvitor;
(iii)continuation of a cause;
(iv)a sist;
(c)apply for recall or restriction of an arrestment;
(d)make an application under the Debtors (Scotland) Act 1987(4);
(e)apply for recall of an attachment, exceptional attachment, or an order under Parts 2 and 3 of the Act; or
(f)make an application under these Regulations.
6. Identifying the need to refer a case to an appropriate specialist, and know how to access specialist support.
Regulation 13(3)
A payments distributor shall:–
1. Hold a current licence under the Consumer Credit Act 1974.
2. Be registered under the Data Protection Act 1998 as a data processor.
3. Make and maintain arrangements to ensure financial security of sums received from debtors for disbursement to creditors.
4. Make and maintain appropriate arrangements to accept and disburse payments using all methods approved under regulation 32(1).
5. Make and maintain appropriate arrangements to ensure compliance with Office of Fair Trading Codes of Practice relative to debt management and collection guidance.
6. Make and maintain appropriate arrangements for customer services.
7. Make and maintain appropriate arrangements for the issue of required reports.
8. Provide an information technology system to transmit reports to debtors, creditors, money advisers, DAS administrator by the preferred medium (e.g. text and or data files).
1985 c. 66. Section 14 was amended by the Bankruptcy (Scotland) Act 1993 (c. 6) (“the 1993 Act”), Schedule 1, paragraph 3.
1985 c. 66. Section 15 was amended by the 1993 Act, Schedule 1, paragraph 4.
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