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The Debt Arrangement Scheme (Scotland) Amendment Regulations 2013

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Composition

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15.  After Part 9 insert—

PART 9ACOMPOSITION

Offer of composition

46A.(1) The DAS Administrator or a continuing money adviser may, with the consent of the debtor, make an offer of composition to each creditor taking part in the debt payment programme—

(a)after a period of 12 years beginning with the approval of the debt payment programme; and

(b)where 70% of the total amount of debt due under the programme when the programme was approved, has been paid.

(2) An offer under paragraph (1) must be made in form 6(1).

(3) The period of 12 years in paragraph (1)(a) must not include any period of during which payments by the debtor were deferred under regulation 37(1)(h).

Acceptance of offer by creditors

46B.(1) Where a creditor accepts the offer of composition, in respect of a debt or debts due to that creditor and included in the debt payment programme, the liability of the debtor to repay that debt is discharged.

(2) A creditor who is made an offer of composition under regulation 46A(1) and who does not respond to that offer within 21 days after the date of the offer is deemed to accept the offer.

(3) The DAS Administrator must maintain a record of acceptances by creditors.

Notice of completion on composition

46C.  Where every creditor accepts (or is deemed to accept) the offer in respect of all of the debts in a debt payment programme the DAS Administrator must send notice in writing of completion of the programme—

(a)to the debtor;

(b)to any continuing money adviser;

(c)to the payments distributor; and

(d)to the employer where there is a payment instruction under regulation 32.

Variation on composition

46D.(1) Where regulation 46C does not apply, the debt payment programme must be varied by the DAS Administrator in accordance with the acceptances (and deemed acceptances) made under regulation 46B.

(2) The DAS administrator must intimate in writing the effect of the variation—

(a)to the debtor;

(b)to any continuing money adviser;

(c)to the payments distributor;

(d)to all creditors continuing to take part in the programme; and

(e)to an employer if there is a payment instruction under regulation 32..

(1)

Inserted by regulation 18 of these Regulations.

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