Scotland: the Debt Arrangement Scheme
Produced in partnership with James Lloyd of Harper Macleod LLP
Scotland: the Debt Arrangement Scheme

The following Restructuring & Insolvency practice note produced in partnership with James Lloyd of Harper Macleod LLP provides comprehensive and up to date legal information covering:

  • Scotland: the Debt Arrangement Scheme
  • Coronavirus (COVID-19)
  • Debt Arrangement Scheme administrator
  • Money advisers
  • Payment distributors
  • Who may apply for a DPP?
  • Application process
  • DAS Register
  • Statutory moratoria
  • Decision process
  • More...

The Debt Arrangement Scheme (DAS) is a statutory scheme that is designed to allow certain categories of debtor to repay their debts over an extended period of time by means of a debt payment programme (DPP). During the period a DPP is in force, a debtor is protected from enforcement action being taken against them by creditors. For a glossary of commonly used Scottish insolvency terms, see Practice Note: Glossary of Scottish insolvency words and expressions.

The statutory basis of the DAS is found in Part 1 of the Debt Arrangement and Attachments (Scotland) Act 2002 (DAA(S)A 2002). However this merely provides the framework within which the scheme is to operate. The actual detail is to be found in secondary legislation promulgated under DAA(S)A 2002. Principally this is the Debt Arrangement Scheme (Scotland) Regulations 2011 (DAS(S)R 2011), SSI 2011/141 as amended by the Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (DAS(S)AR 2014), SSI 2014/294 and, since 29 October 2018, by the Debt Arrangement Scheme (Scotland) Amendment Regulations 2018 (DAS(S)AR 2018), SSI 2018/297.

Certain amendments made by the DAS(S)AR 2018, SSI 2018/297 do not have retrospective affect and do not apply to DPPs approved prior to 29 October 2018.

For further reading on the DAS(S)AR 2018, SSI 2018/297, see News Analysis: Debt Arrangement Scheme (Scotland) Amendment Regulations 2018, LNB News 19/06/2018 145.

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