| | | |
| | | |
|
|
|
|
 |
Home | Topics | About | News | Publications | Consultations | Search | Links | Contacts | Help |  |
| Consultations > Crime, Law, Justice & Rights |
|
< Previous | Contents | Next > ENFORCEMENT OF CIVIL OBLIGATIONS IN SCOTLAND4 (CONT.) DEBTOR PROTECTIONSPolicy Issues4.131 A debt arrangement scheme should provide a positive opportunity and means of assisting debtors who do want to meet their liabilities and can do so given time to pay free from enforcement. It should not, however, be regarded as a replacement for enforcement or, indeed, sequestration when that is the appropriate and necessary course. For example, where the amount of debt or surplus income is such that payment could not be achieved over a reasonable period. There may be a greater prospect for creditors to recover more money due in the medium term under a DAS instead of being allocated a percentage in the pound under sequestration. All sums paid by debtors would go to creditors to reduce the debt. It would not be appropriate for debtors with no surplus income who would be unable to discharge their liabilities under the scheme. 4.132 The scheme should be available as a means of managed repayment of multiple debts both before and after court and enforcement action has been taken to secure recovery of sums agreed or judicially determined to be due. Where debts are disputed between debtor and creditor the appropriate remedy must remain with the usual channels of the legal system for resolution of such disputes. 4.133 The Scottish Law Commission’s original proposal for debt arrangement schemes remains, in principle, valid. With the passage of some sixteen years since its proposals were recommended there have been significant social, organisational and technological developments. There may now be solutions which overcome some of the difficulties in process and implications for the public purse, which had been one of the factors which led to government at that time to decide not to implement it. Subsequent research and further evidence suggest that some of the arguments against implementation are now much less significant. In particular, the rate of uptake and success of voluntary arrangements now appear to have increased. 4.134 A debt arrangement scheme would be an appropriate solution for personal debtors who are insolvent but do have surplus income which could be applied to pay debts within a reasonable period. It would enable such debtors with assets such as heritable property to keep their home. Voluntary trust deeds, although previously thought would be more appropriate in many cases, are most useful where the debtor has substantial assets which can be made over to the trustee including any house which would have to be vacated and sold. Other ways of meeting liabilities without involving the loss of a home would be more in keeping with the Executive’s current policy aims for tackling the increasing incidence of homelessness and providing means for people to keep their homes, such as by the current mortgage to rent initiative. The Scottish Office consulted in 1998 about improvements to protected trust deeds following concerns about their operation raised by the Accountant in Bankruptcy and the Executive intends to bring forward legislation for reform. It was thought that they may not be genuinely benefiting creditors and that the Accountant’s supervisory and regulatory powers should be extended to them. 4.135 The money advice network has expanded and developed significantly in recent years. A national statutory debt arrangement scheme with a key role for the money advice sector is actively sought by that sector and others. As noted, to be successful a debt arrangement scheme should be accompanied by sufficient provision of high quality money advice. Provision within the money advice sector will be further expanded to accommodate such a role in response to the recommendations in Striking the Balance - a new approach to debt management. In addition to existing local money advice provision the Executive is investing a further £3 million per annum in money advice services across the country.224 4.136 Other issues continue to present challenges which the Executive has considered within its review and has sought to overcome in the proposals which follow. The Executive seeks to devise a means of implementing a modern, accessible debt arrangement scheme which meets the intended purpose and avoids unnecessary complications and costs. The following paragraphs examine how such a scheme might be formulated having regard to the need to take account of factors such as:
4.137 On assessment of all available information, the Executive considers that there is a current need for a debt arrangement scheme which would be in the public interest. All of the foregoing factors suggest that, where people are multiply over-indebted, a co-ordinated approach to time to pay for all debts in an environment where enforcement is restricted would offer wide-reaching benefits. Benefits for individual debtors and their creditors are immediately apparent, in terms of achieving payment of debt and reducing the need for recourse to formal enforcement. There could be a real impact for business and government who should reap the rewards of reduced bad debt and internal administration. The courts could see a reduction in actions for payment of money and petitions for sequestration. Local authorities should notice a reduction in their significant debt burden and, in turn, be able to pass on the benefits to their local community. 4.138 The research results, reports and comments mentioned, as well as helpful discussions with interested parties, have been taken into account and have helped to inform the proposals which follow. Proposals for a National Statutory Debt Arrangement Scheme4.139 The scope of a national statutory debt arrangement scheme (DAS) should include:
4.140 The principal features of a DAS should include:
4.141 There currently exist successful arrangements which can contribute to a new DAS regime. Considerable money advice services at no cost to debtors are currently available and the Executive’s current programme 225 will increase this provision to ensure nation-wide provision for everyone who needs to access them. Voluntary repayment programmes arranged with the assistance of money advisers already operate well, as do mechanisms devised for payment distribution. Arrangements already exist for securing deductions from earnings. 4.142 The functions which should be undertaken fall into two main categories for the necessary operational and legal arrangements. The operational functions involve means for negotiation, preparation and management of plans including payments made under them. The legal functions involve the formal approval of plans, determination of disputes, prevention of enforcement/sequestration and regulation of the scheme. 4.143 Some operational functions already exist and could be incorporated into a statutory scheme without significant change, although further work may be required to achieve the necessary degree of integration. It would, however, be necessary to ensure that there is sufficient money advice provision and that appropriate standards are set and achieved. The Executive’s current programme for increasing these services will satisfy the provision criterion. Similarly, the Executive is developing plans to enhance central support for money advice provision, which will satisfy the standards criterion. It is intended that such additional central support will result in a co-ordinated approach by having agreed standards for money advice, underpinned by training and development for money advisers, monitoring of money advice services and a collation of common statistical information on money advice across Scotland. 4.144 Potential applicants seeking entry to the DAS would be able to obtain advice about their eligibility and assistance with preparing and presenting a DAS application from accredited money advisers. They would make payments which would be issued to their creditors under an accredited payment distribution system. 4.145 The Scottish Law Commission model envisaged that the whole scheme would be operated by court officials. It is appropriate and necessary that there should be judicial supervision of a DAS, to the extent that approval of a DAS and determination of disputes will affect parties rights and obligations and how they are enforced. However, it is not necessary for the operational functions to be undertaken by court officials since such matters are more a matter of administration of finances than of administration of justice. 4.146 There are no pre-existing arrangements which could be drawn upon in respect of the legal functions and these would require to be devised. There should be a mechanism for formal approval of plans since entry into the scheme would impose legal duties and consequences on the parties. It would be necessary to maintain a register of participants in the scheme to enable the prohibition of enforcement and sequestration to be complied with. 4.147 Applications for inclusion in the scheme could be automatically approved administratively if they offered suitable payment terms, conformed to standardised requirements and were agreed. Applications not fully agreed in respect of proposed payment terms could also be determined administratively, subject to a right of appeal to the sheriff court. Applications disputed for reasons other than payment terms could be determined by the courts. For example, where it was considered that the circumstances merited proceeding with enforcement or sequestration, a creditor should have the opportunity to contest an application. Arrangements for discharging completed schemes and processing default cases would also form part of this function. 4.148 The Scottish Law Commission’s recommendations for conjoined arrestment orders, which were implemented by the 1987 Act, had been intended by it to operate alongside a DAS. Conjoined arrestment orders operate as a means of distributing a debtor's surplus income amongst several creditors. They are available where a debtor is in employment, and may be sought by creditors who have been granted a decree for a debt due by the court. The Commission had envisaged that the administrator of the scheme would attach a participating debtor’s earnings at source as a means of ensuring compliance and reducing the likelihood of default. It would be contrary to the ethos of the current proposal for a DAS to permit entry only after court and enforcement action had been taken, by requiring creditors to proceed to decree and earnings arrestment. However, some means of securing deductions from earnings should be a feature of a DAS, in order to achieve a fair balance between debtor and creditor interests. It would go some way towards securing creditor support for such a scheme, which otherwise weighs heavily in favour of debtor interests, to the cost of creditors whose rights to enforce or sequestrate would be suspended. An application to enter the scheme could be accompanied by a mandate authorising the employer to make the necessary deductions to the selected payment distribution operator once certified and transmitted to the employer by the administrator. 4.149 Except in cases where a disputed application required judicial determination there would be no need for these matters to be dealt with by court officials. Extra-judicial functions would be more appropriately dealt with by central administration within the Executive or a body for which it is responsible. The role might be undertaken along with other enforcement functions by the Scottish Civil Enforcement Commission proposed in Part 3. An alternative existing location might be the Office of the Accountant in Bankruptcy, where advantage could be taken of existing expertise, technology and liaison with the courts. The enforcement and insolvency procedures are closely related and the Accountant in Bankruptcy is responsible for similar types of processes, such as his regulatory and supervisory role and maintenance of a public register. In a DAS which was not administered by the courts, there would be an argument in favour of transferring similar functions currently undertaken by sheriff clerks in connection with conjoined arrestment orders. 4.150 Alternative models were considered but were not thought to be the most suitable, effective and efficient means of delivery. An alternative regime, advocated by Citizens Advice Scotland and participants of the Improving Debt Recovery Working Group, is for a court run system within a new debt tribunal. It would form a lower tier of the sheriff court and be presided over by lay persons similar to Justices of the Peace in the District Court in criminal matters, supported by clerks of court who together would determine applications according to new less formal rules of procedure. It is not considered that this would make best use of existing resources and would be a costly option which is unnecessary for this purpose. Q. 4D. 1 Should a statutory debt arrangement scheme be introduced in Scotland? Q. 4D. 2 In general, do the Executive's proposals offer a good approach for a modern, accessible DAS? 4.151 Although sixteen years have passed since the Scottish Law Commission's recommendations were first made and it is now considered appropriate to reflect developments since then in an alternative organisational structure, much of the Commission’s work remains equally valid today. The Commission considered extremely important issues concerning the parameters of a scheme and the legal effects of participation in a DAS on the principal and third parties. Its aim was to balance equitably the interests of the debtor and his several creditors and also the interests of creditors as between themselves. Such issues, previously assessed in detail by the Commission in its 1985 Report, are drawn on heavily in these proposals. 4.152 Limits of the Scheme. There must be a genuinely achievable prospect of participation in the scheme resulting in payment of the total amount of indebtedness within a reasonable period. A restriction on incurring further debt would protect existing and new creditors whilst providing a degree of flexibility for debtors and avoid failure of the scheme due to unanticipated circumstances. In order to meet the policy aims of the scheme and to achieve a fair balance between competing interests admission to the scheme should apply within set limits. 4.153 Rules governing the limits of the scheme should be set out as follows:
4.154 Determination and Administration. Appropriate provision should be made in order to ensure the efficient acceptance and determination of disputes, the smooth running of plans under the scheme and prevention of enforcement as follows:
4.155 Types, Ranking and Priority of Debts. The Commission gave consideration to the types of debts which should be included in a DAS, how they should be ranked and whether any classes of debt should be given priority.233 There should be rules for the types of debt which should be included in the scheme. They should include those which, at the time of application, were:
4.156 Arrangements for ranking of creditors in sequestration and in voluntary repayment programmes are on the basis of rateable payments made to creditors according to the amounts of their respective debts (pari passu). It is intended that the same rule should apply in a DAS. 4.157 Interest accrued on debts to the date of the application is to be included. It has been suggested that interest should be ‘frozen’ and it is understood that the intention is that interest should cease to accrue. However, it is the purpose of the DAS only to make provision for orderly payment of debts due and it is not intended to intervene in their determination or calculation. It would be open to creditors to waive further interest by agreement. 4.158 Having regard to current practice in voluntary repayment programmes and comments about priority received from some respondents to the consultation on Striking the Balance, it is considered appropriate to reassess this issue in some detail. This is discussed further in paragraph 4.172. 4.159 Obligations and Effects on Participants and Third Parties. Appropriate provision should be made in order to enable parties to the scheme and third parties to comply with it. Arrangements should be in place to enable creditors to make an informed judgement on whether to consent to an application under the scheme and prevent participation being used as a tactic for delaying when payment can be afforded. A number of consequences of participation in the scheme, or of default, should apply to the parties to the scheme and to third parties as follows:
4.160 Preservation of Other Rights and Remedies. It will be necessary to make provision for preservation of creditors’ other existing rights and remedies.237 The Commission made detailed proposals for addressing the relationship between these and a DAS which substantially remain appropriate and others may now apply. These might concern, for example:
4.161 Stopping and Ranking of Diligence.238 The Commission gave very detailed and careful consideration to appropriate rules for the stopping and ranking of diligence upon operation of a DAS. It is intended that the effects of the scheme on diligence should substantially follow the Commission’s proposals, subject to adjustment in light of implementation of reforms proposed in this paper. However, with regard to payment of criminal fines, the Commission had recommended that civil diligence, where so ordered by the court, should still be competent despite the debtor's participation in a DAS. This could jeopardise a scheme and it is not intended that this recommendation should be implemented. Instead, criminal fines should be included as an essential outgoing for the purpose of calculating surplus income. The question of the way in which diligence should be halted is considered further in paragraph 4.177. 4.162 Relationship with Sequestration. It is important that a DAS should not be considered a replacement for sequestration when it would be the more appropriate course. The general circumstances in which each would be more appropriate were mentioned in paragraph 4.134. The following rules governing competence and priority in the relationship between a DAS and sequestration should apply:239
4.163 Miscellaneous. The Commission also considered the question of civic disqualifications which apply to an undischarged bankrupt 240 and concluded that these should not be replicated for participants in the DAS. It is intended that this recommendation should be followed. Q. 4D. 3 Should title to apply to participate in a DAS be restricted to debtors and not to creditors? Q. 4D. 4 Should access to the DAS be open to all personal debtors including small traders but not business debtors? Q. 4D. 5 How should small traders be defined for this purpose? Q. 4D. 6 What period should apply to approved schemes and should there be any provision for extension of that period? Q. 4D. 7 Should there be a restriction on obtaining new credit or incurring new liabilities above a specified amount and, if so, should a maximum amount be set? Q. 4D. 8 Should existing arrangements operating for voluntary repayment programmes be incorporated insofar as possible? Q. 4D. 9 Should applicants have access to free money advice services for negotiation and preparation of DAS applications? Q. 4D. 10 Should money advisers and payment distribution providers be accredited in order to maintain high levels of service provision? Q. 4D. 11 Should the Scottish Civil Enforcement Commission be responsible for administrative approval of DAS applications? Q. 4D. 12 Should DAS applications be approved administratively where:
Q. 4D. 13 Should disputed applications be considered by the sheriff court? Q. 4D. 14 Should a register of subsisting approved plans under the DAS be maintained? Q. 4D. 15 (a) Should all debts rank rateably?
Q. 4D. 16 Should an application to enter the scheme be accompanied by a mandate authorising the employer to make deductions from earnings? Q. 4D. 17 Should enforcement be stopped once a DAS application has been granted? Q. 4D. 18 Should prescription be suspended during the currency of a DAS? Q. 4D. 19 Should the other rights and remedies specified be preserved? Q. 4D. 20 Should the rules specified for governing competence and priority in relation to sequestration apply? 4.164 A number of issues require further careful consideration, particularly where there may be a need to find a solution as between competing interests or where alternative solutions may be possible. These are addressed in the following paragraphs and consultees' views on these matters would be particularly welcomed. 4.165 Approval of an application would be appropriate if it was agreed by all or the majority of creditors. However, the level of majority support could be determined by numbers of creditors or by proportion of the total amount of debt. In the latter case, a single large creditor would heavily influence the process. Leaving the matter for assessment in individual cases would be burdensome and would not offer guidance to potential participants. 4.166 Setting an upper monetary limit at the optimum level is important to the success of the DAS. If set too low many debtors who could benefit from the scheme would be excluded but, if too high or no limit at all, the scheme may not be capable of settling debts within a reasonable period. In 1985 the Commission proposed an upper limit of £10 000. It is difficult to assess accurately the appropriate figure since the available research about the current average levels of debt in Scotland has produced widely varying results. 4.167 The Consumer Credit Counselling Service found, as part of a regional comparison of their records, that "The highest debt levels in the CCCS population are in Scotland (median £14 993)".241 Other parts of their study tend to suggest that home owners and buyers have higher average levels of debt. Their Review of the Year, 2000 states that "A CCCS client on a repayment plan is typically mid-30s, married with children. The average debt is over £20,000." 242 Citizens Advice Scotland advise that "Our bureaux evidence shows many clients with debts in excess of £25,000, with figures of £85,000 and £100,000 fairly common. Citizens Advice Scotland is in the process of conducting research into indebtedness along with our sister organisations..., sponsored by the OFT. Initial findings show that the average total debt from the sample of clients was £10,150, varying in the sample from a minimum of £142 to a maximum of £100,000." 243 4.168 However, it is understood that a proportion of these figures include secured debts such as mortgages, while others exclude them. Research conducted by Money Advice Scotland 244 for all money advice providers in Scotland, including Citizens Advice Bureaux, reveals that, of those outlets which record mortgage statistics, nearly a third of all outlets count both arrears and mortgage balances and two thirds count arrears only. It further revealed that "The average debt for each individual/client who visits a money advice outlet is between £6,000-£10,000." Accordingly, consultees' views are sought on an appropriate upper limit. 4.169 A lower monetary limit, in addition to the upper monetary limit, was also recommended by the Commission at the level of £600. Having no lower limit could conceivably open the DAS to abuse by debtors seeking to use it as a means for delaying payment or avoiding enforcement. However, people on very low incomes may have debts to pay but have little surplus income available. Creditors may be willing to participate in order to receive some payment even if relatively small sums paid over a long period were involved. Creditors would have the opportunity to withhold agreement or oppose a DAS. It is, therefore, not thought necessary to impose a lower monetary limit. 4.170 The rationale of a DAS depends upon there being sufficient surplus income available to pay towards settlement of debts. However, Citizens Advice Scotland suggested that there is a need to operate a system for clients with very little disposable income, such as £1 per week for all creditors. In order to provide for this they saw a role for Credit Unions. It was not suggested how this might work but it would be open to credit unions to seek accreditation to operate a payment disbursement arrangement. Whilst theoretically plausible, it may not have the facilities to do so. The returns to the creditors would be low but, where those concerned may have few assets against which to do diligence, creditors may be willing to receive some small payment rather than none at all. 4.171 Discharge on less than full payment was recommended by the Commission. Creditors and debtors would have been able to obtain ultimate discharge at the end of the scheme having paid a proportion of their debts’ full value (composition). It considered this essential because a discharge in a sequestration would normally be obtained after three years no matter what level of composition is paid. However, this might cause creditors to believe that there may be little to choose between a DAS and sequestration and one of the aims of the scheme is to provide an alternative to sequestration. It is difficult to envisage how composition could offer adequate protection against abuse without stipulating a minimum percentage. It is not considered that a minimum percentage would be appropriate when applied to schemes of considerably different values. It would be undesirable to create an administratively or judicially sanctioned means of discounting the cost of goods and services. Accordingly, it is not intended to provide for composition. 4.172 Priority which could be given to certain types of debt was mentioned in paragraph 4.158. Necessary ongoing or current liabilities would be deducted from income as outgoings in the calculation of surplus income although arrears would be included in the DAS. It would not otherwise be intended that debts within the scheme should otherwise be given preferential status in attributing payment under the scheme in like manner to bankruptcy proceedings. This accords with the original Commission recommendations. It had been considered that creditors who might otherwise be considered preferential would not have strong grounds for objection in a scheme which provided for full payment rather than a percentage in the pound. 4.173 Future, Contingent, Subsequent and Omitted Debts.245 In fairness to other creditors and to aid simplicity in administering the scheme, the DAS should have rules about inclusion of debts arising subsequently or which were unintentionally omitted from the scheme. Other rules already mentioned concerning restriction of further credit or debt and debtor declaration of liabilities will go some way towards restricting these possibilities. The Commission proposed that debts should not be included in the scheme if they were subject to a contingency which had not occurred or where payment would become due at a future date which had not arrived. It would be of greater benefit to both debtor and creditor if such debts could be included in the scheme and it is intended that the scheme now proposed should include that possibility. In order to do so it would be necessary to determine the amount due and it is proposed that they should be included if the amount due has been agreed between the parties. 4.174 Another question arises as to the later inclusion of future or contingent debts once purified after commencement of the scheme. In fairness to those creditors already participating it should not be appropriate to do so, although it may be that the situation would arise only in few cases. Subsequent debts which arose due to the debtor undertaking commitments or obtaining credit in excess of the authorised level should not be included. Such debts could be enforceable after the scheme was discharged or revoked. This would act as an incentive for responsible lending so long as access to the DAS register, by user friendly means, was readily available. Subject to the following paragraph, the penalty for incurring subsequent debts in breach of the authorised level should normally be revocation of the scheme. 4.175 Realisation of Specific Assets. The Commission recommended that there should be provision for instructing the debtor to realise specific assets and pay the proceeds into the scheme. This was intended to make participation in a DAS more attractive to creditors who would otherwise petition for sequestration.246 Whilst this may only apply in a small number of cases it may enhance the scope of the DAS. 4.176 Variation of a DAS.247 Intervening circumstances affecting the debtor's surplus income level or necessitating incurring debts in excess of the authorised level may also arise. In such cases it may be considered equitable for the debtor to permit a variation of the scheme by agreement of the parties or on cause shown. It may also safeguard creditors’ interests since the success of the scheme would otherwise be jeopardised. Strict and clear guidelines, on the types of changes in circumstances allowed, would be necessary to avoid potential abuse. 4.177 Provision for stopping diligence was recommended by the Commission as a two stage process. It proposed an interim sist of diligence during a notice period whilst discussions and arrangements took place ahead of the application being granted and final order on confirmation of the scheme. In support of this arrangement is that it might prevent a creditor from rushing to do diligence to the detriment of others. Its downside is that it would be burdensome and potentially open to abuse by debtors who might use it as a device means to delay and allow disposal of assets. Either way, potential difficulties could arise and, on balance, it is considered that a single step arrangement, for stopping diligence upon recording in the register, which would have the benefit of simplicity is to be preferred. 4.178 Default or breach of the terms of a DAS should give rise to its revocation.248 A breach may be due to circumstances which could be remedied, enabling the DAS to continue in the interests of both debtors and creditors. Yet too many ‘chances’ could render the system open to abuse. As noted in relation to existing time to pay arrangements, default occurs after two payments have been missed and the third is due.249 Experience from the operation of voluntary repayment programmes may also assist in suggesting appropriate periods for rules on default. 4.179 Reports and Notices of default could be produced from payment distribution systems to money advisers to enable them to monitor cases and assist further where there may be a change of circumstances requiring further assistance or application for variation. Other such mechanisms may also be useful tools. 4.180 Access to Information in the Register by existing and prospective creditors and enforcement officers would be necessary in order to confirm participants in order to join in or avoid attempting prohibited diligence. The practical reality is that there would have to be a public register. 250 This forms part of the wider issue on access to information discussed in Part 3. 4.181 Advertising of applications in some form may similarly be necessary as a means of alerting all existing creditors and enabling them to participate.251 4.182 The current proposal involves continuation of the current self funding arrangements for operational functions including money advice and payment distribution in voluntary repayment programmes. That is with no cost to debtors and funding achieved from creditor contributions. Similarly to time to pay applications, it is not intended that disputed DAS applications which go before the courts should be eligible for legal aid.252 4.183 Some money advice services are centrally funded and, as indicated, funding for additional money advice services has been further committed by the Executive. Additional costs would be incurred by the public purse for administrative and legal functions including central administration in relation to approval, discharge of schemes and maintenance of the register. The additional court time for determining disputed cases may well be offset if the incidence of actions for payment of money and petitions for sequestration reduced. It would, however, be possible for the creditor contribution level or an application fee to contribute also towards the costs to the public purse. 4.184 There appear, therefore, to be three potential means of funding the scheme Namely, fully self funding from creditor contributions, partially self funding and partially state subsidised or fully state funded. 4.185 The anticipated benefits for individuals, business and society were discussed in paragraph 4.137 above. There may be potential benefits in the long run for business and government if the level of bad debt reduced and if debt was recovered without the cost of enforcement action and reduction of administration for debt recovery. Local authorities could benefit from a reduction in their debt burden which would be passed on to their local communities. 4.186 Consultees' views are sought on all of the foregoing issues and consultees' views are invited on the following questions: Q. 4D. 21 What level of creditor support should normally give rise to approval of a DAS application? Q. 4D. 22 What upper monetary limit of total debt should be set? Q. 4D. 23 What lower monetary limit, if any, should be set? Q. 4D. 24 (a) Should access to the scheme be extended to debtors with very little disposable income?
Q. 4D. 25 What outgoings should be regarded as essentials for the purpose of determining surplus income? Q. 4D. 26 Should the proposed arrangements for future, contingent, subsequent and omitted debts apply? Q. 4D. 27 Should there be provision for requiring the debtor to realise specific assets and pay the proceeds into the scheme? Q. 4D. 28 Should a variation of the scheme be permitted if a debtor's circumstances change? Q. 4D. 29 Should diligence be stopped by a single step procedure? Q. 4D. 30 Should discharge of a DAS be permitted on less than full payment? Q. 4D. 31 Should penalty for a breach of the terms of the DAS, including false declaration or default in payment, be revocation? Q. 4D. 32 What extent of default should constitute breach of the DAS? Q. 4D. 33 What reports or notices should be produced by payment distribution operators for applicants or their advisers? Q. 4D. 34 What information should be recorded in a public DAS Register? Q. 4D. 35 Should applications be advertised and in what form? Q. 4D. 36 How should the DAS be funded? 224 PQ S1W-20607, Scottish Parliament, Written Answers Report, 19
December 2001, Jim Wallace, Minister for Justice. < Previous | Contents | Next > |
|
|
|
|
Home | Topics | About | News | Publications | Consultations | Search | Links | Contacts | Help | |
| Crown Copyright | Privacy policy | Content Disclaimer | General enquiries |