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The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014

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Revocation of a debt payment programme

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18.—(1) In regulation 40A(2)(1) (death of a debtor), after ““the debtor”” insert “means a debtor who is an individual and”.

(2) In regulation 41 (application for revocation)—

(a)at the start of paragraph (1), for “An” substitute “Subject to paragraph (3), an”;

(b)in paragraph (2)(b), for “on behalf of the debtor” substitute “or a nominated person”; and

(c)for paragraph (3) substitute—

(3) An application under paragraph (1)(a)—

(a)in relation to a joint debt payment programme refers to an application made by both debtors jointly, except that either debtor may apply only on grounds mentioned in regulation 42(1)(d); and

(b)in relation to a debtor which is a legal person, trust or unincorporated body of persons may only be made by—

(i)a money adviser or nominated person on behalf of the debtor; or

(ii)a money adviser under regulation 12A(b) or (c)..

(3) In regulation 44A (effect of revocation) for paragraph (1) substitute—

(1) The revocation of a debt payment programme is to have no effect—

(a)in the case of revocation where regulation 40A applies, for 6 weeks; and

(b)in any other case, for 14 days,

immediately following the date on which the programme is revoked..

(1)

Inserted by regulation 14(2) of the Debt Arrangement Scheme (Scotland) Amendment Regulations 2013 (S.S.I. 2013/225).

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