SCHEDULE 1ARRANGEMENT OF FORMS
The Debt Arrangement Scheme (Scotland) Regulations 2004
The Debt Arrangement Scheme (Scotland) Regulations 2004
The Debt Arrangement Scheme (Scotland) Regulations 2004
The Debt Arrangement Scheme (Scotland) Regulations 2004
The Debt Arrangement Scheme (Scotland) Regulations 2004
The Debt Arrangement Scheme (Scotland) Regulations 2004
The Debt Arrangement Scheme (Scotland) Regulations 2004
The Debt Arrangement Scheme (Scotland) Regulations 2004
The Debt Arrangement Scheme (Scotland) Regulations 2004
The Debt Arrangement Scheme (Scotland) Regulations 2004
The Debt Arrangement Scheme (Scotland) Regulations 2004
The Debt Arrangement Scheme (Scotland) Regulations 2004
The Debt Arrangement Scheme (Scotland) Regulations 2004
The Debt Arrangement Scheme (Scotland) Regulations 2004
The Debt Arrangement Scheme (Scotland) Regulations 2004
SCHEDULE 2FEES
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– | |
|
|
|
|
|
|
Note: inspection fees payable in advance |
SCHEDULE 3CONSEQUENTIAL AMENDMENTS
Bankruptcy (Scotland) Act 1985
1
In section 14 (registration of court order) of the 1985 Act23, 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 Act24, 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
Mortgage Rights (Scotland) Act 2001
3
In section 2(2)(b) (disposal of application) of the Mortgage Rights (Scotland) Act 200125, 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
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.
SCHEDULE 4MONEY ADVISER TRAINING
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 198726;
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.
SCHEDULE 5PAYMENTS DISTRIBUTORS
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).