EXPLANATORY NOTE
(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.