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The Debt Arrangement Scheme (Scotland) Regulations 2011

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Diligence or sequestration in the period before a debt payment programme is approved

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30.—(1) It is not competent to serve a charge for payment in respect of, or to commence or execute any diligence to enforce payment of, any debt, or for a creditor to petition for sequestration—

(a)during the period of 6 weeks immediately following an intimation by the debtor being entered in the DAS Register under regulation 19(2)(a);

(b)during the period immediately following an application by the debtor being entered in that Register under regulation 19(2)(b) and ending on the earliest of the dates mentioned in paragraph (2); or

(c)during the period of 6 weeks immediately following revocation of a joint debt payment programme on the ground that conditions in regulation 22(1)(b) or (2) no longer apply.

(2) The dates mentioned in paragraph (1)(b) are—

(a)that on which a notice that the debt payment programme is approved is entered in the DAS Register;

(b)that on which notice of rejection of the debt payment programme, sent under regulation 29(1), is so entered; and

(c)that on which intimation of withdrawal of the application in respect of the debt payment programme, given under regulation 20(4), is so entered.

(3) During any period mentioned in paragraph (1), it is not competent in respect of the debt—

(a)to make, under section 97(2) of the Bankruptcy and Diligence etc. (Scotland) Act 2007, an order granting warrant for sale of attached land; or

(b)to make, under section 136(2) of that Act, a satisfaction order.

(4) If an arrestment mentioned in section 73J(1) of the Debtors (Scotland) Act 1987(1) (automatic release of arrested funds) has been granted in respect of funds due to the debtor, it is not competent, during any such period as is so mentioned, to release funds under subsection (2) of that section; but the period in question is to be disregarded for the purposes of determining whether the period mentioned in subsection (3) of that section has expired.

(1)

1987 c.18. Section 73J was inserted by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), section 206.

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