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Debt Arrangement and Attachment (Scotland) Act 2002

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This is the original version (as it was originally enacted).

2Debt payment programmes

This section has no associated Explanatory Notes

(1)A debt payment programme is a programme which provides for the payment of money owed by a debtor.

(2)The Scottish Ministers may, on an application by a debtor, approve any debt payment programme set out in the application.

(3)Such an application shall be signed by the debtor and shall—

(a)specify, to the best of the debtor’s knowledge and belief, in relation to each debt which the debtor is proposing to be paid under the debt payment programme—

(i)the amount outstanding;

(ii)the creditor to whom the debt is due; and

(iii)the period for which the debt has been due;

(b)set out the arrangements under which those debts are, in accordance with the provisions of the programme, to be paid, in particular specifying—

(i)the amounts which the debtor proposes to pay under the programme;

(ii)the proposed regularity of those payments;

(iii)the manner in which those payments are to be made; and

(iv)the manner in which, and period over which, each of the debts included in the programme is to be paid;

(c)specify the name and address of the person (the “payments distributor”) who is to—

(i)receive payments from the debtor; and

(ii)pay, on behalf of the debtor, the debts included in the programme,

in accordance with the provisions of the programme; and

(d)contain such other information (including information relating to the debtor’s financial circumstances), and be in such form, as may be prescribed.

(4)Such an application shall, subject to any contrary provision in regulations made under section 7(1) below, incorporate the consent, indicated in the prescribed form, of all the debtor’s creditors.

(5)A person’s name and address shall not be specified in an application for approval of a debt payment programme as a payments distributor unless that person has been approved by the Scottish Ministers as a person suitable to carry out the functions of a payments distributor.

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