- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Debt Arrangement Scheme (Scotland) Regulations 2004 No. 468
10. (1) A person specified in paragraph (2) shall not be a money adviser.
(2) A specified person is–
(a)a sheriff officer or messenger-at-arms, or an employee of such a person;
(b)a person or body providing financial services, or financial advice other than money advice, in the course of a business or otherwise for profit, or an employee of such a person, unless the person is a–
(ii)chartered or certified accountant;
(iii)a credit union registered under the Industrial and Provident Societies Act 1965(1) by virtue of section 1 (registration under the Industrial and Provident Societies Act 1965) of the Credit Unions Act 1979(2);
(c)a person providing debt collection services, or an employee of such a person;
(d)a person convicted of an offence involving theft, fraud or other dishonesty;
(e)a debtor whose estate has been sequestrated, and who has not been discharged under sections 54 (automatic discharge after 3 years) or 75 (amendments, repeals and transitional provisions) of the 1985 Act(3);
(f)a bankrupt, who has not been discharged under sections 279 (duration) or 280 (discharge by order of the court) of the 1986 Act(4);
(g)a person subject to a bankruptcy restrictions order (including an interim order) or bound by a bankruptcy restrictions undertaking, under Schedule 4A (bankruptcy restrictions order and undertaking) of the 1986 Act(5);
(h)a person who has entered into a trust deed or protected trust deed for their creditors, and who has not been discharged from that deed; or
(i)a person in respect of whom a court has made a disqualification order under section 1, or who has had a disqualification undertaking accepted under section 2, of the Company Directors Disqualification Act 1986(6).
1965 c. 12. There are amendments to this Act which are not relevant to these Regulations.
1986 c. 45. Schedule 4A was inserted by section 257 of the 2002 Act.
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