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PART 5 continued CHAPTER 4 continued
(1) Regulations may specify a procedure for terminating the approval of a debt management scheme.
(2) Regulations under this section may, in particular, specify a procedure that requires any or all of the following—
(a) notice of, or the reasons for, an intended termination to be given (whether to the supervising authority, the scheme operator, the Lord Chancellor or any other person);
(b) conditions to be met before a termination takes effect;
(c) a particular period of time to elapse before a termination takes effect.
The approval of a debt management scheme may be terminated only if the termination is in accordance with all of the following (so far as they are relevant)—
(a) any terms to which the approval is subject by virtue of section 113;
(b) any provision made in regulations under section 125;
(c) any other provision made in other regulations under this Chapter.
(1) Regulations may make provision to allow the supervising authority to deal with a termination case other than by terminating the approval.
(2) A termination case is a case in which the supervising authority would be entitled to terminate the approval of a debt management scheme.
(3) Regulations under this section may, in particular, make provision to allow the supervising authority to transfer the operation of the scheme—
(a) to itself, or
(b) to any other body.
(1) Regulations may make provision about the effects if the approval of a debt management scheme comes to an end.
(2) Regulations under this section may, in particular, make provision about the treatment of debt repayment plans arranged for non-business debtors before the scheme came to an end.
(3) That includes provision to treat a plan—
(a) as though the approval had not come to an end, or
(b) as though the plan had been made in accordance with a different approved scheme.
(4) Regulations under this section may, in particular, make provision about cases where, at the time the scheme comes to an end, the scheme operator is in breach of a relevant obligation.
(5) That includes provision to ensure that the operator is not released from the relevant obligation by virtue of the termination.
(6) In subsections (4) and (5) “relevant obligation” means any obligation (including a requirement or condition) however arising, that relates to—
(a) the scheme in question (including its operation),
(b) the approval of that scheme, or
(c) the termination of that approval.
(1) The supervising authority is—
(a) the Lord Chancellor, or
(b) any person that the Lord Chancellor has authorised to approve debt management schemes under section 111.
(2) Subsections (3) and (4) apply in any case where an authorisation under subsection (1)(b) starts or ends.
(3) The start or end of the authorisation does not affect the validity of an approval that is in force at the relevant time.
(4) The new supervising authority may exercise all of its functions in relation to an approval that is in force at the relevant time as though it had given the approval itself.
(5) In this section—
“approval” means an approval of a debt management scheme given under section 111;
“relevant time” means the time when an authorisation starts or ends.
(1) It is for the Lord Chancellor to make regulations.
(2) The power to make regulations is exercisable by statutory instrument.
(3) A statutory instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
(4) But subsection (3) does not apply in the case of a statutory instrument that contains either or both of the following—
(a) the first regulations under a particular section of this Chapter;
(b) any regulations under section 118(6);
(c) any regulations under section 120 that amend section 98 of the Courts Act 2003 (c. 39);
(d) any regulations that amend section 122 or 123.
(5) In such a case the statutory instrument may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(6) Regulations may make different provision in relation to different cases.
(7) Regulations may make any or all of the following provision if the Lord Chancellor thinks it is necessary or expedient—
(a) supplementary, incidental or consequential provision;
(b) transitory, transitional or saving provision.
(8) Provision under subsection (7) may, in particular, amend section 122 or 123 (including by making provision for further grounds of appeal).
(9) In this section (except in subsection (4)(a) to (c)) “regulations” means regulations under any provision of this Chapter.
(1) In this Chapter—
“affected creditor” has the meaning given by section 122;
“approved scheme” means a debt management scheme that is approved under section 111;
“debt management scheme” has the meaning given by section 109;
“debt repayment plan” has the meaning given by section 110;
“non-business debtor” means any individual who—
is a debtor under one or more qualifying debts, but
is not a debtor under any business debts;
“period of protection” has the meaning given by section 133;
“qualifying creditor” means a creditor under a qualifying debt;
“scheme operator” means the body that operates a debt management scheme;
“specified debt” means a debt specified in a debt repayment plan;
“supervising authority” has the meaning given by section 129.
(2) Any reference to a county court is subject to rules of court as to the venue for, and transfer of, proceedings in county courts.
(1) All debts are qualifying debts, except the following—
(a) any debt secured against an asset;
(b) in relation to a debt repayment plan which has been requested or arranged, any debt which could not, by virtue of the terms of the debt management scheme, be specified in the plan.
(2) A business debt is any debt (whether or not a qualifying debt) which is incurred by a person in the course of a business.
(1) A “period of protection”, in relation to a non-business debtor, is a period which begins and ends as specified in this section.
(2) The period begins if, and when, the debtor makes a request to the operator of an approved scheme for a debt repayment plan to be arranged in accordance with the scheme.
(3) The period ends as follows—
(a) if a debt repayment plan is not arranged in consequence of the request: when the decision is made not to arrange the plan;
(b) if a debt repayment plan is arranged in consequence of the request: when that plan ceases to have effect.
(4) But if other debt management arrangements are in force in relation to debtor immediately before he makes the request, the period does not begin unless, and until, a debt repayment plan—
(a) is arranged in consequence of the request, and
(b) comes into effect in accordance with section 121(2).
(5) In this section the reference to other debt management arrangements which are in force has the same meaning as such references in section 121.
Tribunals, Courts and Enforcement Act 2007