The Debt Arrangement Scheme (Scotland) Regulations 2011

Application for approval

20.—(1) A debtor who is habitually resident in Scotland may apply to the DAS Administrator for approval of a debt payment programme.

(2) An application under paragraph (1)—

(a) must be made by a money adviser on behalf of the debtor in form 1;

(b) is competent if (instead of being signed by the debtor) it contains a declaration by the money adviser that the debtor has—

(i) been given appropriate advice by the money adviser; and

(ii) consented to proceed without signing the application;

(c) is competent notwithstanding that the consent of the creditor under section 2(4) of the Act and regulation 23 is not incorporated in form 1.

(3) A debtor who intends to apply may give written intimation of that intention to the DAS Administrator; but a debtor is not to give intimation under this paragraph on more than one occasion in any period of 12 months (except on revocation of a joint debt payment programme on the ground that conditions in regulation 22(1)(b) or (2) no longer apply).

(4) The debtor may, at any time before the application is approved or rejected, intimate to the DAS Administrator in writing that the application is withdrawn.

(5) In section 3(2)(a) (money advisor declaration) of the Act, omit “signed”.