Contents
1Citation and commencement#
These Regulations may be cited as the Debt Arrangement Scheme (Interest, Fees, Penalties and Other Charges) (Scotland) Regulations 2011 and come into force on 1st July 2011.
2Interpretation#
In these Regulations—• “the Act” means the Debt Arrangement and Attachment (Scotland) Act 2002;• “the DAS Regulations” means the Debt Arrangement Scheme (Scotland) Regulations 2011;• “DAS Administrator” means—(a) the Scottish Ministers; or(b) any person or body who may exercise the functions of the Scottish Ministers by virtue of an order made under section 8 (functions of the Scottish Ministers) of the Act;• “debt payment programme” means a programme approved under section 2 of the Act in accordance with the DAS Regulations; and• “joint debt payment programme” means a debt payment programme applied for by two debtors jointly in accordance with the DAS Regulations, and references to a “debtor” are to be construed accordingly.
3Variation of debt payment programme - interest, fees, penalties and other charges#
The DAS Administrator must, in accordance with the DAS Regulations, approve an application for variation of a debt payment programme under section 5 of the Act so that any interest, fees, penalties or other charges are not payable in accordance with regulation4(2) (if the debt payment programme is one in relation to which regulation 4(1) does not already apply).
4Effect of completion of a debt payment programme on a debtor’s liability to pay interest, fees, penalties and other charges#
(1)Any interest, fees, penalties or other charges—
(a)which are not owed as at the date on which a debtor applies for a debt payment programme (which is subsequently approved); and
(b)which (but for this paragraph) would, in relation to a debt included in the programme, become payable after that date,
are not payable unless and until the debt payment programme is revoked and cease to be owed or payable if and when the debt payment programme is completed.
(1A)Paragraph (1) applies to a debt in respect of which an offer of composition is accepted, or deemed to be accepted, under regulation 46B(1) or (2) of the DAS Regulations as it applies to a completed programme.
(2)Any interest, fees, penalties or other charges—
(a)which are not owed as at the date of an application for variation of a debt payment programme by a debtor so that any interest, fees, penalties or other charges are not payable; and
(b)which (but for any such variation) would, in relation to a debt included in the debt payment programme in question, become payable after that date,
are not payable unless and until the debt payment programme is revoked and cease to be owed or payable if and when the debt payment programme is completed.
(3)The amount of any such debt as is mentioned in paragraph(1)(b) or (2)(b) is the amount as detailed in the application submitted in respect of the debt payment programme unless the debtor or creditor instead requires the DAS Administrator to determine the amount of the debt (in which case it is the amount so determined).
(4)The reference to revocation in paragraph (1) does not include revocation of a joint debt payment programme in respect of a debtor in such a programme on the grounds that the conditions for eligibility for a joint payment programme no longer apply, if that debtor applies for another debt payment programme within 21 days of notification of that revocation to the debtor.
5Reviews and appeals#
(1)As regards any debt included in a debt payment programme the debtor for the debt payment programme or creditor may apply to the DAS Administrator for review of a determination of the DAS Administrator under regulation 4(3) in accordance with regulations 47(4) and (5), 47A and 47B of the DAS Regulations on any ground which may be raised in an appeal under paragraph (1A).
(1A)A debtor or creditor may appeal to the sheriff on point of law against a decision of the DAS Administrator under regulation 47B of those Regulations as it applies to paragraph (1).
(2)Such an appeal—
(a)is to be by summary application; and
(b)must be lodged within 14days after the date of intimation to the appellant of that determination.
(4)The decision of the sheriff is final.
6Revocation#
These provisions are revoked—
(a)in the Debt Arrangement Scheme (Scotland) Regulations 2004—
(i)regulation 38(1)(ba) and the reference to that sub-paragraph in regulation 39(1);
(ii)regulation 49A; and
(iii)regulation 50(3A) and the reference to that paragraph in regulation 50(6)(a); and
(b)the Debt Arrangement Scheme (Scotland) Amendment Regulations 2007.
7Saving#
Except in so far as these Regulations provide for or relate to an application for variation as mentioned in regulation 4(2), nothing in these Regulations affects a debt payment programme in respect of which a request for the consent of creditors was made (under regulation 22(2) of the Debt Arrangement Scheme (Scotland) Regulations 2004) before the date on which these Regulations came into force.
Contains public sector information licensed under the Open Government Licence v3.0.