Part 1

The debt arrangement scheme

Money advice
3
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 ... 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.
3
Subsections (1) and (2) above are subject to any contrary provision in regulations made under section 7(1) below.
Pt. 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
S. 3 in force at 30.11.2004 by S.S.I. 2004/416, art. 2(2)
S. 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)
Word 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)