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The Debt Arrangement Scheme (Scotland) Amendment Regulations 2013

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Amendment to the Debt Arrangement Scheme (Interest, Fees, Penalties and Other Charges) Regulations 2011

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3.—(1) The Debt Arrangement Scheme (Interest, Fees, Penalties and Other Charges) (Scotland) Regulations 2011(1) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 2 (interpretation), for the definition of “the DAS Regulations” substitute—

“the DAS Regulations” means the Debt Arrangement Scheme (Scotland) Regulations 2011;.

(3) In regulation 4(1)(a) (moratorium on interest, fees, penalties or other charges), for “date on which a debt payment programme is approved” substitute “date on which a debtor applies for a debt payment programme (which is subsequently approved)”(2).

(4) After regulation 4(1) insert—

(1A) Paragraph (1) applies to a debt in respect of which an offer of composition is accepted, or deemed to be accepted, under regulation 46B(1) or (2)(3) of the DAS Regulations as it applies to a completed programme..

(5) For regulation 5(1) (appeal to the sheriff on point of law), substitute—

(1) As regards any debt included in a debt payment programme the debtor for the debt payment programme or creditor may apply to the DAS Administrator for review of a determination of the DAS Administrator under regulation 4(3) in accordance with regulations 47(4) and (5), 47A and 47B(4) of the DAS Regulations on any ground which may be raised in an appeal under paragraph (1A).

(1A) A debtor or creditor may appeal to the sheriff on point of law against a decision of the DAS Administrator under regulation 47B of those Regulations as it applies to paragraph (1).,

and for the heading to regulation 5 substitute “Reviews and appeals”.

(2)

An application is made under regulation 20 of the DAS Regulations.

(3)

Regulation 46B(1) and (2) is inserted by regulation 15 of these Regulations.

(4)

Regulations 47(4) and (5), 47A and 47B are inserted by regulation 17 of these Regulations.

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