The Debt Arrangement Scheme (Scotland) Amendment Regulations 2015

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

This section has no associated Policy Notes

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)(1) 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)..

(1)

Section 4D of the Bankruptcy (Scotland) Act 1985 (c.66) was inserted by section 8 of the 2014 Act.