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The Debt Arrangement Scheme (Scotland) Regulations 2011

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Approval of a variation

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38.—(1) The DAS Administrator must approve a variation proposed under regulation 37(1)(a), (b) or (c).

(2) The DAS Administrator must approve a variation proposed under regulation 37(1)(d) to (h) if the variation is fair and reasonable.

(3) The DAS Administrator in determining whether a variation is fair and reasonable—

(a)must have regard to—

(i)the matters specified in regulation 25(2);

(ii)the views of the debtor;

(iii)the views of the other debtor in the case of a joint debt payment programme;

(iv)the views of a creditor taking part in the programme and of any creditor making the application; and

(v)the views of any money adviser who has provided advice to the debtor;

(vi)whether any expenditure of the debtor declared in assessing disposable income appears to be necessarily incurred by the debtor; and

(vii)any variation previously approved under regulation 37(1)(h); and

(b)may have regard to any other factor the DAS Administrator considers appropriate.

(4) Approval of a variation may be made subject to a condition under regulation 28.

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