The Debt Arrangement Scheme (Scotland) Regulations 2011

Regulation 2(2)

SCHEDULE 1 FORMS

Regulation 6

SCHEDULE 2 CONSEQUENTIAL AMENDMENTS

Bankruptcy (Scotland) Act 1985

1.  In section 14 (registration of warrant or determination of debtor application) of the 1985 Act(1), at the end of subsection (1)(b) insert—

“; and

(c) a copy of the order to the DAS Administrator (as defined in regulation 2(1) of the Debt Arrangement Scheme (Scotland) Regulations 2011), where the debtor is taking part in a debt payment programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002”.

2.  In section 15 (further provisions relating to award of sequestration) of the 1985 Act(2), for subsection (5)(b) substitute—

“(b) forthwith send a copy of the order refusing or awarding sequestration—

(i) to the Accountant in Bankruptcy; and

(ii) where the debtor is taking part in a debt payment programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002, to the DAS Administrator (as defined in regulation 2(1) of the Debt Arrangement Scheme (Scotland) Regulations 2011).”.

Debt Arrangement and Attachment (Scotland) Act 2002

3.  In section 47(4) (exceptional attachment order) of the Act(3)—

(a) omit “and” immediately preceding paragraph (g); and

(b) after paragraph (g), insert—

“; and

(h) whether an application by the debtor for approval of a debt payment programme under Part 1 of this Act has been refused or approved, and if approved, whether that programme has been varied, or is revoked or completed.”.

Protected Trust Deed (Scotland) Regulations 2008

4.  In regulation 4(2) of the Protected Trust Deed (Scotland) Regulations 2008(4) (debtors ineligible for protected status), omit sub-paragraph (b).

Regulation 9(3)

SCHEDULE 3 MONEY ADVISER TRAINING

1.  The relationship between prescription or limitation, and enforcement of debt.

2.  The consequences for a debtor—

(i) sequestration;

(ii) taking part in a debt payment programme;

(iii) signing a trust deed;

(iv) a trust deed becoming a protected trust deed; and

(v) extra-judicial composition.

3.  The operation of—

(i) an earnings arrestment;

(ii) a furthcoming;

(iii) an attachment, exceptional attachment and auction of moveables; and

(iv) the debt arrangement scheme under Part 1 of the Act and prescribed by these Regulations.

4.  The nature of rights of appeal from the sheriff court.

5.  Assisting a client to—

(a) respond to admitted money claims in the sheriff courts;

(b) make or oppose an application in the sheriff courts for—

(i) recall of decree;

(ii) dismissal or absolvitor;

(iii) continuation of a cause;

(iv) a sist;

(c) apply for recall or restriction of an arrestment;

(d) make an application under the Debtors (Scotland) Act 1987(5);

(e) apply for recall of an attachment, exceptional attachment, or an order under Parts 2 and 3 of the Act; or

(f) make an application under these Regulations.

6.  Identifying the need to refer a case to an appropriate specialist, and know how to access specialist support.

Regulation 14(3)

SCHEDULE 4 PAYMENTS DISTRIBUTORS

A payments distributor must—

1.  Hold a current licence under the Consumer Credit Act 1974(6).

2.  Be registered under the Data Protection Act 1998(7) as a data processor.

3.  Make and maintain arrangements to ensure financial security of sums received from debtors for disbursement to creditors.

4.  Make and maintain appropriate arrangements to accept and disburse payments using all methods approved under regulation 31(1).

5.  Make and maintain appropriate arrangements to ensure compliance with Office of Fair Trading Codes of Practice relative to debt management and collection guidance.

6.  Make and maintain appropriate arrangements for the issue of required reports.

7.  Provide an information technology system to transmit reports to debtors, creditors, money advisers, DAS Administrator by the preferred medium (e.g. text and or data files).

Regulation 48

SCHEDULE 5 REVOCATIONS

The Debt Arrangement Scheme (Scotland) Regulations 2004 (except for regulation 38(1)(ba), the reference to that sub-paragraph in regulation 39(1) and regulations 49A and 50(3A) and the reference to that paragraph in regulation 50(6)(a)(8))	S.S.I. 2004/468
The Debt Arrangement Scheme (Scotland) Amendment Regulations 2004	S.S.I. 2004/470
The Debt Arrangement Scheme (Scotland) Amendment (No. 2) Regulations 2007	S.S.I. 2007/187

(1)

1985 c.66. Section 14 (and the heading to that section) was amended by the Bankruptcy (Scotland) Act 1993 (c.6), Schedule 1, paragraph 3, by Schedule 3, paragraph 1 to S.S.I. 2004/468 revoked by these Regulations, and by schedule 1, paragraph 12 to the Bankruptcy and Diligence (Scotland) Act 2007 (asp 3) (“the 2007 Act”).

(2)

1985 c.66. Section 15 was amended by the 1993 Act, Schedule 1, paragraph 4 and by Schedule 3, paragraph 2 to S.S.I. 2004/468 revoked by these Regulations, and by section 16(2) of and schedule 1, paragraph 13 and schedule 6, Part 1, to the 2007 Act.

(3)

2002 asp 17. Section 47(4) was amended by Schedule 3, paragraph 4 to S.S.I. 2004/468 revoked by these Regulations.

(4)

S.S.I. 2008/143, amended by S.S.I. 2010/398.

(5)

1987 c.18.

(6)

1974 c.39.

(7)

1998 c.29.

(8)

Regulations 38(1)(ba), 49A and 50(3A) (and the references to those provisions) were inserted by S.S.I. 2007/262 and are being revoked under section 7A of the Debt Arrangement and Attachment (Scotland) Act 2002.