The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020
PART 1General provisions
1Citation, commencement, extent and application
2Interpretation
3Meaning of debt advice provider
4Debt advice provider fees and referrals
5Qualifying debt
6Moratorium debt
7Effect of a moratorium
8Extension of limitation periods because of a moratorium
9Extension of other deadlines because of a moratorium
10Existing legal proceedings at the start of a moratorium
11Contact between creditor or agent and debtor during a moratorium
12Agent appointed by creditor
13Meaning of creditor by assignment
14Creditor search for additional debt
15Application of moratorium to additional debt
16Applicant and debtor obligations
17Creditor’s request for review of a moratorium
18Review and cancellation of a moratorium as a result of a creditor request
19Court application by creditor for cancellation of a moratorium
20Provision of updated information to the Secretary of State to correct mistakes and inaccuracies
21Death of debtor during a moratorium period
22Disclosure of information
PART 2Breathing space moratorium
23Application for a breathing space moratorium
24Debtor eligibility for a breathing space moratorium and debt advice provider obligations
25Initiation of breathing space moratorium
26Duration of breathing space moratorium
27Midway review and cancellation of breathing space moratorium
PART 3Mental health crisis moratorium
28Meaning of mental health crisis moratorium
29Application for a mental health crisis moratorium
30Debtor eligibility for a mental health crisis moratorium and debt advice provider obligations
31Initiation of mental health crisis moratorium
32Duration of mental health crisis moratorium
33Request by a debt advice provider for information about a debtor’s receipt of mental health crisis treatment
34Cancellation of mental health crisis moratorium
PART 4Debt respite scheme administration
35Electronic system maintained by the Secretary of State
36Information about a debtor held on the register
37Notifications provided to and by the Secretary of State
38Non-disclosure of a debtor’s usual residential address
39Electronic system malfunction
PART 5Supplemental
40Review
2020 No. 1311
Debt Management And Relief, England And Wales

The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020

Made
Coming into force in accordance with regulation 1(2) to (7)
The Treasury1 in exercise of the powers conferred by section 7(2), (5)(a), (5)(c), (5)(d) and (6)(a) of the Financial Guidance and Claims Act 20182 make the following Regulations.

In accordance with section 7(8)(a) and (b) of that Act, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament and Senedd Cymru.

In accordance with section 7(2) and (3) of that Act, the Treasury have received advice from the single financial guidance body on the establishment of a debt respite scheme and have taken that advice into account in making these Regulations.