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Debt Arrangement and Attachment (Scotland) Act 2002
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Debt Arrangement and Attachment (Scotland) Act 2002, Section 3 is up to date with all changes known to be in force on or before 05 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 56(1)(a)(b) substituted for words by 2024 asp 9 s. 18(3)
Commencement Orders yet to be applied to the Debt Arrangement and Attachment (Scotland) Act 2002
Commencement Orders bringing provisions within this Act into force:
- S.S.I. 2004/401 art. 3 commences (2002 asp 17)
3 Money adviceS
This section has no associated Explanatory Notes
(1)A debtor is not entitled to make an application for the approval, or the variation, of a debt payment programme unless the debtor has obtained the advice of a money adviser in relation to—
(a)the debtor’s financial circumstances;
(b)the effect of the proposed programme or, as the case may be, the proposed variation of the programme; and
(c)the preparation of the application.
(2)Such an application shall—
(a)contain a F1... declaration by the money adviser who provided the advice referred to in subsection (1) above that such advice has been given; and
(b)specify the name and address of the money adviser.
[F2(3)Subsections (1) and (2) above are subject to any contrary provision in regulations made under section 7(1) below.]
Textual Amendments
F1Word in s. 3(2)(a) omitted (1.7.2011) by virtue of The Debt Arrangement Scheme (Scotland) Regulations 2011 (S.S.I. 2011/141), reg. 20(5) (with regs. 49-51)
F2S. 3(3) inserted (8.3.2007) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 212(3), 227(3) (with s. 223); S.S.I. 2007/82, art. 3(b)
Modifications etc. (not altering text)
C1Pt. 1 modified (30.11.2004) by Debt Arrangement and Attachment (Scotland) Act 2002 (Transfer of Functions to the Accountant in Bankruptcy) Order 2004 (S.S.I. 2004/448), arts. 1, 3
Commencement Information
I1S. 3 in force at 30.11.2004 by S.S.I. 2004/416, art. 2(2)
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