Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)

Part 1 S The debt arrangement scheme

Modifications etc. (not altering text)

C1 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

3 Money advice S

(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

F1 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)

F2 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)

Commencement Information

I1 S. 3 in force at 30.11.2004 by S.S.I. 2004/416, art. 2(2)