C1Part 1The debt arrangement scheme

Annotations:
Modifications etc. (not altering text)

I17 Debt payment programmes: power to make further provision

1

The Scottish Ministers may, by regulations, make such further provision as they think fit in connection with—

a

applications for the approval, or for the variation, of debt payment programmes;

b

the manner in which such programmes are to operate, including conditions with which debtors, creditors, payments distributors or money advisers must comply;

c

the effect of such programmes; and

d

the effect of the failure of an employer to comply with the duty under section 6(2) above.

2

The regulations may, in particular, make provision about—

a

the class of person who may or may not make an application for the approval, or the variation, of a debt payment programme;

b

the class of debt in respect of which such an application may or may not be made;

F1ba

circumstances in which some or all of the functions of a money adviser under section 3 above may instead be carried out by an approved intermediary;

bb

circumstances in which a debtor is entitled to make an application for the approval, or the variation, of a debt payment programme where the debtor has not obtained advice under section 3(1) above;

bc

the manner in which—

i

the seeking of the consent of creditors to applications for approval of debt payment programmes; or

ii

the making of such applications,

affects the rights and remedies of creditors or other third parties;

F4bd

the method of assessing the amount of a debtor's assets, income, liabilities and expenditure in considering applications for the approval, or the variation, of a debt payment programme,

c

the matters to which the Scottish Ministers are to have regard in determining whether to approve such an application;

d

the conditions which may or may not be attached to an approval of such an application;

e

circumstances in which such an application will not be approved;

f

appeals against determinations by the Scottish Ministers on such applications;

g

circumstances in which the consent for the purposes of section 2(4) above of a creditor or creditors generally may be dispensed with;

h

circumstances in which a creditor may object to—

i

the dispensation of the creditor’s consent; or

ii

the approval of such an application,

and the manner in which such objection may be made;

i

the remitting of any such application in respect of which a creditor has made an objection to the sheriff for determination;

j

the manner in which a debt payment programme may be varied;

k

the priority in which debts are to be paid under a debt payment programme;

l

the ingathering and sale or other disposal of assets and the distribution to creditors of amounts so realised;

m

the period for which a debt payment programme is to remain in operation;

n

circumstances in which, and the procedure under which, any such period can, in relation to a particular debt payment programme, be shortened or extended;

o

circumstances in which a debt payment programme is to cease to have effect;

p

subject to section 4 above, the manner in which a debt payment programme affects the rights or remedies of a creditor or other third party;

q

circumstances in which creditors are to notify debtors of the right to make such an application and the effect of the failure of a creditor to provide that notice;

r

the class of person who may act as a payments distributor;

s

the class of person who may act as a money adviser;

F2sa

the class of person who may act as an approved intermediary;

t

the functions of a payments distributor;

u

the functions of a money adviser;

F3ua

the functions of an approved intermediary;

F5ub

the remuneration of payments distributors and money advisers,

v

the establishment and maintenance by the Scottish Ministers of a register of debt payment programmes and applications for the approval, and variation, of such programmes;

w

the information which is to be kept in such a register;

x

the manner in which that information is to be kept and in which it, or any part of it, is to be made available to the public; and

y

the determination, and charging, by the Scottish Ministers of fees in respect of—

i

the consideration of applications for the approval, or the variation, of a debt payment programme; and

ii

the provision of information recorded in the register of debt payment programmes.

3

The regulations may also—

a

make different provision in relation to such different types of debtors, debts or other matters as may be described by the Scottish Ministers;

b

provide that such different provision is to have effect only for such period as is specified by the Scottish Ministers; and

c

provide that, on the expiry of that period, the Scottish Ministers may determine that the different provision to which they relate is to—

i

continue to have effect without limit of time;

ii

continue to have effect for such further period as may be determined by the Scottish Ministers; or

iii

cease to have effect.

4

The regulations may also modify any enactment (including this Act), instrument or document for the purposes of making such further provision as is mentioned in subsection (1) above.