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The Debt Arrangement Scheme (Scotland) Amendment Regulations 2004

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Citation, commencement and interpretation

1.  These Regulations may be cited as the Debt Arrangement Scheme (Scotland) Amendment Regulations 2004 and shall come into force on 14th November 2004.

Amendment of the Debt Arrangement Scheme (Scotland) Regulations 2004

2.  The Debt Arrangement Scheme (Scotland) Regulations 2004(1) shall be amended in accordance with these Regulations.

3.  In regulation 1, for “the fourteenth day after the day on which they are made” substitute “30th November 2004”.

4.  In regulation 5(1), after “shall be” insert “payable in advance and shall be”.

5.—(1) In regulation 7(2), at the end insert–

  • for any reason other than the resignation, or revocation or suspension of approval, of the money adviser.

(1) For regulation 7(4), substitute–

(4) Where a money adviser has ceased to act by reason of the resignation or suspension of approval of that money adviser, that money adviser shall assist the debtor to appoint a replacement money adviser..

6.  After regulation 9(3), insert–

(4) The DAS Administrator shall provide written notice to a debtor of the suspension or revocation of the approval of the money adviser to that debtor..

7.  In regulation 13(1), for “form 2” substitute “writing”.

8.  In regulation 16(2), for “5%” substitute “10%”.

9.—(1) In regulation 29(2)(e)(ii), omit “and”.

(2) At the end of regulation 29(2)(f), insert–

;

(g)make all payments in respect of credit obtained under regulation 35(1)(b)(iv), (v) and (vi) as they fall due; and

(h)give all notices and intimations which require to be given by a debtor under these Regulations.

10.  In regulation 30(3)(a), for “home” in the second place where it occurs, substitute “sole or main residence”.

11.  In regulation 35–

(a)after paragraph (1)(a), insert–

(aa)subject to section 2A of the Act, the approval shall have the effect of a recall at the time specified in regulation 28(2) of any attachment of the debtor’s corporeal moveable property, and the DAS administrator shall send notice of recall in form 7(a) to each party with possession of the property attached;;

(b)in paragraph (1)(b), head (i) shall be omitted;

(c)in paragraph (2), for “form 5” substitute “form 5(a)”; and

(d)in paragraph (5)(a)(ii)–

(i)for “40” substitute “40A(2)”; and

(ii)after “1991,” insert “in”.

12.  In regulation 47, for “form 12” substitute “writing”.

13.  In regulation 48(1)(a), for “form 12” substitute “writing”.

14.  In regulation 50, for paragraph (6) substitute–

(6) An appeal–

(a)to the sheriff under paragraphs (1), (2) or (3) shall be by summary application;

(b)to the sheriff principal under paragraphs (4) or (5) shall be by note of appeal in accordance with rule 31.4 of the Ordinary Cause Rules set out in the First Schedule to the Sheriff Courts (Scotland) Act 1907(3);

(c)shall be lodged within 14 days after the date of intimation to the appellant of the determination appealed against..

15.  In Schedule 1–

(a)in the Arrangement of Forms–

(i)the entry for form 2 shall be omitted;

(ii)in the entry for form 4, for “Notification to creditor of application for approval of a debt payment programme” substitute “Proposal to creditor for a debt payment programme”;

(iii)after the entry for form 5, insert–

5(a) Notification to creditor of approval of a debt payment programme;

(iv)after the entry for form 7, insert–

7(a) Notice of recall of an attachment; and

(v)the entry for form 12 shall be omitted;

(b)Form 2 shall be omitted;

(c)For form 3 (Application for approval of a debt payment programme) substitute the form set out in Schedule 1 to these Regulations;

(d)For form 4 (Notification to creditor of application for approval of a debt payment programme) substitute the form set out in Schedule 2 to these Regulations;

(e)After form 5, insert the form 5(a) set out in Schedule 3 to these Regulations;

(f)After form 7, insert the form 7(a) set out in Schedule 4 to these Regulations;

(g)For form 8 (Application for variation of a debt payment programme) substitute the form set out in Schedule 5 to these Regulations;

(h)For form 10 (Application for revocation of a debt payment programme) substitute the form set out in Schedule 6 to these Regulations; and

(i)Form 12 shall be omitted.

16.  In Schedule 5, paragraph 6 shall be omitted.

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

1st November 2004

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