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(This note is not part of the Regulations)
The Debt Arrangement Scheme (Scotland) Regulations 2011 (“the DAS Regulations”) provide for a scheme for the repayment of debts in Scotland, and procedure in respect of a repayment arrangement under the scheme, which on approval is described as a debt payment programme (“a programme”).
Regulation 3 amends the definition of “debt” to which the scheme applies, to exclude certain debts related to student loans.
Regulation 4 restores protections from diligence or sequestration after an application for approval of a programme is made but while it has not been approved, where the application has not been made within the 6 week moratorium period under sections 4A to 4D of the Bankruptcy (Scotland) Act 1985 following notice of intimation of the intention to apply for a programme. Sections 4A to 4D were inserted by section 8 of the Bankruptcy and Debt Advice (Scotland) Act 2014.
Regulation 5 makes transitional provision so the amendments do not apply to programmes for which approval is applied for before 27th June 2015.
A Business and Regulatory Impact Assessment has not been prepared for these Regulations.
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Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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