The Debt Arrangement Scheme (Scotland) Amendment Regulations 2019

Proposal for variation

8.—(1) In regulation 36A(3) (proposal for variation: discharge of liability on compensation)(1) for “regulation 36(4)(a) to (d)” substitute “regulation 36(4)(a) to (c) and to the money adviser”.

(2) After regulation 36A insert—

“Proposal for variation: administrative changes or reduction in period

36B.— (1) Where the debtor is an individual, the DAS Administrator may, with the consent of the debtor, propose a variation of a debt payment programme—

(a) for administrative purposes; or

(b) which will have the effect of reducing the period of the debt payment programme.

(2) A variation may not be proposed under paragraph (1) where there has been any change in the debtor’s financial circumstances.

(3) The proposal must be intimated in writing to those mentioned in regulation 36(4)(a) to (c) and to the money adviser.”.

(3) After regulation 37(1)(ea) (grounds for variation) insert—

“(eb) in the case of a debtor who is an individual, under regulation 36B for administrative purposes or to reduce the period of the debt payment programme;”.

(4) In regulation 38(1) (approval of a variation) for “or (ea)” substitute “, (ea) or (eb)”.

(1)

Regulation 36A was inserted by S.S.I. 2013/225.