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The Debt Arrangement Scheme (Scotland) Amendment Regulations 2015

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Debt Arrangement Scheme (Scotland) Amendment Regulations 2015 and come into force on 27th June 2015.

(2) In these Regulations, “the DAS Regulations” means the Debt Arrangement Scheme (Scotland) Regulations 2011(1).

Amendments to the DAS Regulations

2.  The DAS Regulations are amended in accordance with regulations 3 and 4.

Exclusion of student loan debt

3.  In regulation 3(2) (“debt” excluded from Debt Arrangement Scheme), after sub-paragraph (c), insert—

(d)in respect of a student loan made—

(i)by virtue of regulations made under section 73(f) of the Education (Scotland) Act 1980(2);

(ii)under section 1 of the Education (Student Loans) Act 1990(3);

(iii)by virtue of regulations made under section 22 of the Teaching and Higher Education Act 1998(4); or

(iv)by virtue of regulations made under Article 3 of the Education (Student Support) (Northern Ireland) Order 1998(5)..

Diligence or sequestration in the period before a debt payment programme is approved

4.  In regulation 30 (diligence or sequestration in the period before a debt payment programme is approved)—

(a)before paragraph (1)(c) insert—

(ba)during the period immediately following an application by the debtor being entered in the DAS Register under regulation 19(2)(b) and ending on the earliest of the dates mentioned in paragraph (2A); or; and

(b)after paragraph (1) insert—

(2A) The dates mentioned in paragraph (1)(ba) are—

(a)that on which a notice that the debt payment programme is approved is entered in the DAS Register;

(b)that occurring 14 days after the date on which notice of rejection of the debt payment programme, sent under regulation 29(1), is so entered;

(c)that occurring 28 days after the date on which an application for review under regulation 47(1) is so entered; and

(d)that on which the intimation of withdrawal of the application in respect of the debt payment programme, given under regulation 20(4), is so entered.

(2B) Insofar as it relates to a period mentioned in paragraph (1)(ba) and (2A), this regulation does not apply while any period of protection applies under section 4D(1)(6) of the 1985 Act to which subsections (7) and (8) of that section apply (moratorium on diligence under the 1985 Act extended on application for approval of debt payment programme)..

Transitional

5.  These Regulations do not affect a debt payment programme in respect of which an application for approval was made (under regulation 20 of the DAS Regulations) before 27th June 2015.

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

27th May 2015

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