The Debt Arrangement Scheme (Scotland) Amendment Regulations 2004

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     6. After regulation 9(3), insert-

    " (4) The DAS Administrator shall provide written notice to a debtor of the suspension or revocation of the approval of the money adviser to that debtor.".

     7. In regulation 13(1), for "form 2" substitute "writing".

     8. In regulation 16(2), for "5%" substitute "10%".

     9.  - (1) In regulation 29(2)(e)(ii), omit "and".

    (2) At the end of regulation 29(2)(f), insert-

     " ;

(g) make all payments in respect of credit obtained under regulation 35(1)(b)(iv), (v) and (vi) as they fall due; and

(h) give all notices and intimations which require to be given by a debtor under these Regulations".

     10. In regulation 30(3)(a), for "home" in the second place where it occurs, substitute "sole or main residence".

     11. In regulation 35-

(a) after paragraph (1)(a), insert-


" (aa) subject to section 2A of the Act, the approval shall have the effect of a recall at the time specified in regulation 28(2) of any attachment of the debtor's corporeal moveable property, and the DAS administrator shall send notice of recall in form 7(a) to each party with possession of the property attached;";



(b) in paragraph (1)(b), head (i) shall be omitted;

(c) in paragraph (2), for "form 5" substitute "form 5(a)"; and

(d) in paragraph (5)(a)(ii)-



(i) for "40" substitute "40A[3]"; and

(ii) after "1991," insert "in".

     12. In regulation 47, for "form 12" substitute "writing".

     13. In regulation 48(1)(a), for "form 12" substitute "writing".

     14. In regulation 50, for paragraph (6) substitute-

    " (6) An appeal-


(a) to the sheriff under paragraphs (1), (2) or (3) shall be by summary application;

(b) to the sheriff principal under paragraphs (4) or (5) shall be by note of appeal in accordance with rule 31.4 of the Ordinary Cause Rules set out in the First Schedule to the Sheriff Courts (Scotland) Act 1907[4];

(c) shall be lodged within 14 days after the date of intimation to the appellant of the determination appealed against.".

     15. In Schedule 1-

(a) in the Arrangement of Forms-


(i) the entry for form 2 shall be omitted;

(ii) in the entry for form 4, for "Notification to creditor of application for approval of a debt payment programme" substitute "Proposal to creditor for a debt payment programme";

(iii) after the entry for form 5, insert-

     " 5


(a) Notification to creditor of approval of a debt payment programme";


(iv) after the entry for form 7, insert-

     " 7


(a) Notice of recall of an attachment"; and


(v) the entry for form 12 shall be omitted;



(b) Form 2 shall be omitted;

(c) For form 3 (Application for approval of a debt payment programme) substitute the form set out in Schedule 1 to these Regulations;

(d) For form 4 (Notification to creditor of application for approval of a debt payment programme) substitute the form set out in Schedule 2 to these Regulations;

(e) After form 5, insert the form 5(a) set out in Schedule 3 to these Regulations;

(f) After form 7, insert the form 7(a) set out in Schedule 4 to these Regulations;

(g) For form 8 (Application for variation of a debt payment programme) substitute the form set out in Schedule 5 to these Regulations;

(h) For form 10 (Application for revocation of a debt payment programme) substitute the form set out in Schedule 6 to these Regulations; and

(i) Form 12 shall be omitted.

     16. In Schedule 5, paragraph 6 shall be omitted.


HUGH HENRY
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
1st November 2004

[2] S.S.I. 2004/468.back

[3] Section 40A of the Child Support Act 1991 (c. 48) was inserted by the Child Support, Pensions and Social Security Act 2000 (c.19), section 17(2).back

[4] 1907 c.51; rule 31.4 of the Ordinary Cause Rules was inserted by S.I. 1996/2445.back