The Debt Arrangement Scheme (Scotland) Regulations 2011

Grounds for revocation

This section has no associated Executive Note

42.—(1) A debt payment programme may be revoked by the DAS Administrator (whether or not on an application under regulation 41) where—

(a)a debtor fails without reasonable cause to satisfy a condition under regulation 27 or 28;

(b)a debtor makes a statement in an application under these Regulations which the debtor knows to be untrue; or

(c)a payment to be paid under the programme becomes due, and there remains unpaid a sum, due in respect of previous payments so due, of not less than the aggregate of two such payments; or

(d)in the case of a joint debt payment programme, conditions in regulation 22(1)(b) or (2) no longer apply.

(2) If the DAS Administrator proposes to revoke a debt payment programme it must give written notice of that proposal to—

(a)the debtor;

(b)each creditor who is taking part in the programme;

(c)any creditor who has made an application for variation of the programme; and

(d)any continuing money adviser or money adviser who has made an application for revocation on behalf of the debtor,

and is not to implement the proposal until the expiry of a period of at least 4 weeks after the date on which notice is given.

(3) A continuing money adviser given notice under paragraph (2) must notify all creditors taking part in the debt payment programme of the proposal to revoke the programme.