- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
39.—(1) The DAS administrator shall approve a variation proposed under regulation 38(1)(a) or (b).
(2) Subject to paragraph (3), the DAS administrator shall approve a variation proposed under regulation 38(1)(c) to (f) if the variation is fair and reasonable.
(3) The DAS administrator may apply to the sheriff for a determination of an application for variation under proposed regulation 38(1)(c) to (f), where the administrator considers that appropriate in all the circumstances.
(4) The DAS administrator, or sheriff as the case may be, in determining whether a variation is fair and reasonable–
(a)shall have regard to the–
(i)matters specified in regulation 26(2);
(ii)views of the debtor;
(iii)views of a creditor taking part in the programme and of any creditor making the application; and
(b)may have regard to any other factor the administrator or sheriff considers appropriate.
(5) Approval of a variation may be made subject to a condition under regulation 30.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: