Debt Arrangement and Attachment (Scotland) Act 2002

2 Debt payment programmes S

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

[F1 (1A) Subsection (1) above is subject to any provision in regulations made under section 7A(1) below.]

(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 F2 ... 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) [F3 or 7A(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.

Textual Amendments

F1 S. 2(1A) inserted (8.3.2007) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 211(2)(a), 227(3) (with s. 223); S.S.I. 2007/82, art. 3(a)

F2 Words in s. 2(3) repealed (8.3.2007) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 212(2), 227(3) (with s. 223); S.S.I. 2007/82, art. 3(b)

F3 Words in s. 2(4) inserted (8.3.2007) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 211(2)(b), 227(3) (with s. 223); S.S.I. 2007/82, art. 3(a)

Modifications etc. (not altering text)

C1 Pt. 1 modified (30.11.2004) by Debt Arrangement and Attachment (Scotland) Act 2002 (Transfer of Functions to the Accountant in Bankruptcy) Order 2004 (S.S.I. 2004/448), arts. 1, 3

Commencement Information

I1 S. 2(1)(2)(5) in force at 30.11.2004 by S.S.I. 2004/416, art. 2(2)

I2 S. 2(3)(4) in force at 24.9.2004 for specified purposes by S.S.I. 2004/416, art. 2(1)(a)

I3 S. 2(3)(4) in force at 30.11.2004 in so far as not already in force by S.S.I. 2004/416, art. 2(2)