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37. (1) An application to the DAS administrator for variation of a debt payment programme may only be made–
(a)by a money adviser on behalf of a debtor; and
(b)subject to paragraph (2), by a creditor.
(2) A creditor may not apply for a variation unless the creditor has first made a reasonable attempt to agree the variation with the money adviser for the debtor.
(3) Where a money adviser makes an application under paragraph (1), the adviser shall intimate the application to each creditor taking part in the programme.
(4) Where a creditor makes an application under paragraph (1), the creditor shall intimate the application to–
(a)the money adviser for the programme;
(b)the debtor; and
(c)to each creditor taking part in the programme.
(5) An application under paragraph (1)–
(a)shall be in form 8;
(b)may be made by the debtor by electronic means, but if so the money adviser for the debtor shall retain the form 8, signed by the money adviser and the debtor in accordance with sections 3(2) and 5(4) respectively of the Act, for a period of 5 years or the period of the programme (whichever is the longer).
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