Part 1

The debt arrangement scheme

Debt payment programmes: power to make further provision
7
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;
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;
t
the functions of a payments distributor;
u
the functions of a money adviser;
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.