Search Legislation

The Debt Arrangement Scheme (Scotland) Amendment Regulations 2013

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This is the original version (as it was originally made).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.

Reviews and appeals

This section has no associated Policy Notes

17.  For Part 10, substitute—

PART 10REVIEWS

Application for review

47.(1) A debtor or a money adviser acting on behalf of a debtor may, on any ground which may be raised in an appeal, apply for review of a determination of the DAS Administrator not to approve a debt payment programme.

(2) A creditor named in an application for a debt payment programme may, on any ground which may be raised in an appeal, apply for review of a determination of the DAS Administrator to—

(a)dispense with the consent of the creditor;

(b)approve a programme.

(3) A debtor or a money adviser acting on behalf of a debtor, a creditor participating in a debt payment programme or a creditor who has applied for variation of a programme on the grounds in regulation 37(1)(e) or (f) may, on any ground which may be raised in an appeal, apply for review of a determination of the DAS Administrator to—

(a)attach a condition under regulation 28;

(b)approve, or refuse to approve, a variation of a programme;

(c)revoke a programme;

(d)correct an accidental error in any determination and restore a debt payment programme under regulation 4A.

(4) An application under this regulation must be made—

(a)within 14 days after the date of intimation of the determination to the debtor or creditor; and

(b)in writing.

(5) Where an application has been made under this regulation, the DAS Administrator must intimate the application in writing to—

(a)the debtor;

(b)any creditor named in the application for a debt payment programme;

(c)the money adviser who made the application for the programme;

(d)each creditor taking part in the programme; and

(e)any continuing money adviser for the debtor.

Procedure at review

47A.  Where an application is made under regulation 47, the DAS Administrator must review the determination which is the subject of the application—

(a)within 28 days of the application for review; and

(b)on the basis of—

(i)the information provided in the application; and

(ii)any written representations received from the debtor, creditor or money adviser.

Decision

47B.(1) Following review of a determination the DAS administrator may—

(a)confirm its determination;

(b)amend or alter its determination; or

(c)revoke its determination and substitute a new determination.

(2) The DAS administrator must intimate in writing the result and the effect of the decision—

(a)to the debtor;

(b)to any creditor named in the application for a debt payment programme;

(c)to the money adviser who made the application for the programme;

(d)to each creditor taking part in the programme;

(e)to any continuing money adviser for the debtor;

(f)to the payment distributor; and

(g)where there is a payment instruction under regulation 32, to an employer.

PART 10AAPPEALS

Appeals

47C.(1) A debtor or a creditor may appeal to the sheriff on a point of law against a decision of the DAS administrator under regulation 47B.

(2) An appeal to the sheriff under paragraph (1)—

(a)is to be by summary application; and

(b)must be lodged within 14 days after the date of intimation to the appellant of the decision appealed against.

(3) The decision of the sheriff is final..

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

Policy Note

Policy 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 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

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