The Debt Arrangement Scheme (Scotland) Regulations 2011

Functions and duty of a money adviser

12.—(1) It is a function of a money adviser to—

(a) provide money advice to a debtor;

(b) liaise with creditors on behalf of a debtor;

(c) assist a debtor with, and advise on an application for approval, variation or revocation of a debt payment programme;

(d) prepare and submit on behalf of a debtor an application under these Regulations;

(e) provide, as required by the DAS Administrator, evidence of or information about the participation of a debtor in a debt payment programme (including the debtor’s consent to any application for approval, variation or revocation in relation to which the adviser provided money advice); and

(f) act as a lay representative in a court, where the adviser has accepted instructions by a debtor to act.

(2) A money adviser must not charge a fee to a debtor for the adviser’s services, unless the adviser has informed the debtor—

(a) that money advice is available without any fee or payment being due by the debtor (“free money advice”);

(b) of the name of—

(i) any adviser (or all, if more than one) providing free money advice within a 10 kilometre radius of the debtor’s usual place of residence; or

(ii) the nearest adviser providing free money advice to the debtor’s place of residence, where there is no adviser within a 10 kilometre radius of the debtor’s usual place of residence,

and the debtor has agreed in writing to pay a fee.

(3) Where a money adviser charges any fee to a debtor (“a continuing money adviser”) it is also a function of that adviser following the submission of an application under these Regulations—

(a) to review a debt payment programme in every twelfth month of operation; and

(b) as soon as reasonably practicable to provide written notice to the DAS Administrator of—

(i) any appointment or resignation of the adviser;

(ii) on any resignation, why the money adviser ceased to act; and

(iii) any change of the debtor’s address.

(4) Where there is no continuing money adviser for a debt payment programme under paragraph (3), the DAS Administrator—

(a) must in every twelfth month of the operation of the programme, invite the debtor to provide a statement of the debtor’s current financial circumstances; and

(b) may, on receipt, notify the debtor that the debtor may wish to take the advice of a money adviser on a review of the programme.

(5) A money adviser must have regard to guidance issued by the DAS Administrator when carrying out a function of an adviser.