Search Legislation

The Debt Arrangement Scheme (Scotland) Regulations 2011

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Grounds for variation

This section has no associated Executive Note

37.—(1) An application for variation of a debt payment programme may be made—

(a)on agreement between a debtor and each creditor participating in the programme;

(b)on agreement between a debtor and a creditor that a liability of the debtor to repay a sum is to be discharged;

(c)so interest, fees, penalties and other charges are not payable as provided for in regulations under section 7A of the Act;

(d)on a material change in the circumstances of a debtor;

(e)where a debt due at the date of approval of that programme was omitted from, or was wrongly assessed for the programme due to a mistake, oversight, or other reasonable cause;

(f)where a future or contingent debt, known but not quantifiable at the date of approval of the programme, is quantified and due for payment;

(g)where a debtor requires credit to meet an essential requirement; and

(h)where a debtor wishes to defer payments for a period of 6 months, with the period of the debt payment programme extended for an equal period, where circumstances specified in paragraph (3) have resulted in a reduction in the debtor’s disposable income of 50% or more.

(2) An application for variation shall not be made in respect of any other debt of a debtor.

(3) The circumstances for the purposes of paragraph (1)(h) are—

(a)a period of unemployment or change in employment;

(b)a period of leave from employment for maternity, paternity, adoption or to care for a dependant;

(c)a period of illness of the debtor;

(d)divorce, dissolution of civil partnership or separation from a person to whom the debtor is married or the civil partner;

(e)death of a person with whom the debtor shared care (financial responsibilities or otherwise).

(4) In paragraph (1)(h), “disposable income” means disposable income calculated on the same basis as set out in form 1 (on the basis of equivalent details provided on form 3).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources