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Neither, in the abstract. The Debt Arrangement Scheme repays your debts in full with interest and charges frozen and is not insolvency, while a protected trust deed is formal insolvency with a 48-month payment period and an entry on the public Register of Insolvencies.
Both are Scottish, both are overseen by the Accountant in Bankruptcy, and both can stop money coming out of your wages. How the Debt Arrangement Scheme works and what a protected trust deed is cover each in its own right.
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The volumes are close. In 2025-26 the Accountant in Bankruptcy approved 5,288 Debt Payment Programmes, and protected trust deeds fell by 5.6 per cent to 4,644.
One is advertised heavily and the other is not, because no commercial firm profits from selling you the scheme. Hold that in mind while reading any comparison, including this one and our trust deed page.
What is the basic difference between them?
One repays and one distributes. A Debt Payment Programme repays what you owe in full over an agreed period, and a trust deed conveys your estate to a trustee who pays creditors whatever your contributions and assets produce.
The scheme is not insolvency
A Debt Payment Programme is not an insolvency solution. You repay the debt in full, and what changes is the pressure rather than the balance.
You do not have to be insolvent to use it, and nothing is written off except the interest and charges frozen on application. Whether the scheme writes anything off deals with that in full.
A trust deed works from the other direction
It is granted under Part 14 of the Bankruptcy (Scotland) Act 2016, and section 167(1) requires the deed to convey your estate to the trustee for your creditors. Granting one is itself an act of apparent insolvency.
The trustee owes duties to creditors as a body. That is a different thing from being your adviser, and it is worth understanding before you sign.
How do the two compare, point by point?
On legal status, minimum debt, length, what creditors receive and what happens to anything you acquire later. Those five decide most cases.
Side by side
| Debt Arrangement Scheme | Protected trust deed | |
|---|---|---|
| Legal status | A statutory repayment scheme. Not insolvency | Formal insolvency under Part 14 of the Bankruptcy (Scotland) Act 2016 |
| Minimum debt | None. One debt is enough | £5,000 including interest at the date of granting, under section 164(3) |
| Who runs it | The DAS Administrator, at the Accountant in Bankruptcy | A licensed insolvency practitioner as your trustee |
| What creditors get | The full principal, with interest and charges frozen | Your surplus income over the payment period, plus what your estate realises |
| How creditors agree | Not less than nine tenths in value must consent, since 4 November 2019 | Nothing has to be agreed. Silence counts as accession |
| Length | No maximum for an individual. Expected at 5.1 to 6.1 years | A payment period of 48 months from the date of granting |
| Public record | The DAS Register | The Register of Insolvencies |
| Estate acquired later | Nothing is conveyed to anyone | Estate acquired in the following 4 years must be conveyed |
There is a statutory minimum. Section 164(3) of the Bankruptcy (Scotland) Act 2016 requires your total debts, including interest, to be not less than £5,000 at the date you grant the deed.
There is no minimum debt and no maximum. A programme may be approved where it provides for the payment of one or more debts, so a single debt is enough.
How long a Debt Payment Programme lasts and how long a trust deed lasts deal with duration separately.
The one figure worth quoting
The median debt in a Debt Payment Programme was £16,200 in 2025-26, down 4.5 per cent on the year before. That is a median rather than an average, because the spread is skewed.
How do creditors agree to each one?
Differently, and this is where most comparison pages go wrong. The scheme asks whether enough creditors have consented; a trust deed asks whether enough have objected.
The two tests
| Debt Arrangement Scheme | Protected trust deed | |
|---|---|---|
| What the test asks | Whether enough creditors have consented | Whether enough creditors have objected |
| The threshold | Not less than nine tenths in value of creditors, for an individual | Objection by a majority in number, or by creditors holding not fewer than one third in value |
| What silence means | A creditor who does not reply within 21 days is deemed to consent, on a programme covering more than one debt | A creditor who does not object within the relevant period is deemed to have acceded |
| The window | 21 days from the date of the request | Five weeks beginning with the date the notice is registered |
| If the threshold is not met | The application goes to the fair and reasonable test. It does not fail | The deed does not become protected, and loses the statutory effects |
| In force from | 4 November 2019 for the nine tenths figure | Part 14 applies to deeds granted on or after 30 November 2016. The objection test itself is unchanged |
That is the opposite of how it is usually described. The test is whether enough creditors object, not whether enough approve, and a creditor who never replies is counted as having accepted.
Section 170(2) of the 2016 Act deems creditors to have acceded unless the trustee receives a written objection within the relevant period, and section 193 fixes that period at five weeks.
Nine tenths is not automatic approval
The nine tenths figure was substituted by SSI 2019/315, in force 4 November 2019, and it is by value rather than by number.
Reaching nine tenths does not end the matter. Regulation 24(1) is subject to regulation 24(1A), in force since 1 April 2015, so a programme for an individual may only be approved in accordance with the Common Financial Tool.
Where the threshold is not reached the application does not fail, because the DAS Administrator must approve a programme that is fair and reasonable. Whether all your creditors have to agree follows that through.
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Which one stops a wage arrestment sooner?
An approved Debt Payment Programme, in most cases. Approval recalls an arrestment already running, while a trust deed does nothing until the date of protection.
The scheme
On approval, section 4(2) of the Debt Arrangement and Attachment (Scotland) Act 2002 makes it incompetent to serve a charge for payment or to commence or execute diligence, and approval recalls any arrestment of your income or property.
Since 29 October 2018 the continuing money adviser sends that notice, or the DAS Administrator where there is no continuing money adviser.
The trust deed
Section 173 ends an earnings arrestment on the date of protection, automatically and with no application to any court.
The trigger is protection, not signature, and what happens between signing and protection sets out the weeks in between. Whether a trust deed stops a wage arrestment covers the timing in detail.
A statutory moratorium is the exception. It does not stop an earnings arrestment that was already running: section 197(5)(d) of the Bankruptcy (Scotland) Act 2016 lets a creditor carry on executing an earnings arrestment, a current maintenance arrestment or a conjoined arrestment order that came into effect before the moratorium began.
Money already taken
Deductions made before either solution takes effect are credited against the debt rather than refunded. What happens to money already taken covers that, and it is worth asking for a written balance either way.
What does each one cost you?
Neither charges you a fee on top of your monthly payment. What differs is where the fee comes from and what that does to the outcome.
The scheme
The fee comes out of what is distributed to creditors rather than being added to your debt. Your creditors fund the scheme out of what they receive.
The 20 per cent distributor fee and the 2 per cent administrator fee both come out of creditor distributions, so the debt is still repaid in full. What the scheme costs sets out the mechanism.
The trust deed
Section 183(1) is an exhaustive list, and the word it turns on is only. A trustee may be remunerated only by a fixed fee, a percentage of the estate realised, and outlays.
Because fees are paid from the same pot as dividends, a small contribution over the minimum term can leave little for creditors once fees are met. How much a trust deed costs goes through it, and the guidance for trustees covers the dividend threshold.
Where a trust deed can be refused as too generous to creditors
Section 168(4) requires that, for an individual, contributions across the payment period total less than the total debt including interest at the date of granting.
So a deed cannot be registered where the projected contributions would repay everything. If you can pay in full, the scheme is the tool built for that position.
Which debts can go into each?
Broadly the same ones, with different mechanics. Both take credit cards, loans, overdrafts and arrears, and neither covers your ongoing bills.
In and out
| Debt | Debt Arrangement Scheme | Protected trust deed |
|---|---|---|
| Credit cards, personal loans, overdrafts | In | In |
| Council tax arrears owed now | In | In, where accrued before you grant the deed |
| Rent or mortgage arrears on your home | Optional. They may be excluded, under a provision in force since 29 October 2018 | The secured creditor keeps its security whatever happens at discharge |
| Current council tax, rent, mortgage and energy | Out. Continuing liabilities are paid as they fall due | Out, for the same reason |
| Student loans | Out. Excluded by regulation 3(2)(d), in force 27 June 2015 | Not released by discharge, under section 185 |
| Court fines | mygov.scot says they cannot be included | Not released by discharge |
Discharge from a trust deed does not release court fines, penalties, compensation and forfeiture orders, liabilities from fraud or secured debts, under section 184(6), and student loans separately under section 185. Which debts cannot go into a trust deed and which debts can go into a programme deal with each list.
One rule that closes a door
You cannot apply for a Debt Payment Programme while you are a party to a protected trust deed, under regulation 21(2)(b). The bar attaches to protection rather than to signing.
A trust deed does not become protected on the day you grant it, and nothing we can rely on sets out where you stand in the weeks in between. Ask a money adviser before you sign either.
Some grounds are automatic. Sequestration, a protected trust deed and the death of the debtor all end a programme without a decision to make.
How should you choose between them?
Ask whether you can repay the balance itself over a period you can live with. If you can, the scheme keeps you out of insolvency, and if you plainly cannot, a trust deed becomes worth discussing.
Points that push towards the scheme
- Your debt is modest enough that full repayment is realistic.
- You work in a role where insolvency is relevant to a fitness assessment.
- You own a home with equity you want kept out of a trustee’s hands.
- You expect an inheritance or other windfall in the next four years.
Points that push towards a trust deed
- Your debts are large relative to your income and full repayment would take a very long time.
- You owe at least £5,000 and have surplus income after reasonable expenditure.
- You accept a public insolvency record and at least four years of contributions.
Two more comparisons before you decide
A trust deed is not the only insolvency route. A trust deed against sequestration and a trust deed against Minimal Asset Process bankruptcy cover the other two.
Nobody has to pay a provider to work this out, and whether trust deed providers are regulated explains who is accountable for what if you do.
Frequently asked questions
Do all your creditors have to agree to a Debt Payment Programme?
No. Since 4 November 2019 a programme for an individual is approved where not less than nine tenths in value of creditors consent, and where that is not reached the DAS Administrator must approve a programme that is fair and reasonable.
Do all your creditors have to agree to a trust deed?
No, and the test runs the other way. A trust deed becomes protected unless a majority in number of notified creditors, or creditors holding not fewer than one third in value, object in writing within five weeks, and silence counts as accession.
Is a trust deed quicker than a Debt Payment Programme?
Usually, on the payment period. A trust deed has a payment period of 48 months from the date of granting, and the Accountant in Bankruptcy expects programmes approved in the last three financial years to run between 5.1 and 6.1 years.
Is there a minimum debt for either?
There is no minimum and no maximum for a Debt Payment Programme, and one debt is enough. A trust deed requires total debts including interest of not less than £5,000 at the date of granting.
Which one appears on a public register?
Both, but different ones. An approved programme goes on the DAS Register, and a protected trust deed goes on the Register of Insolvencies.
What happens if you inherit money during each?
A trust deed binds you to convey estate acquired in the four years after granting, so a windfall in that window vests in the trustee. A programme conveys nothing, although a change in your finances is something to tell your money adviser about.
Can you switch from one to the other?
Regulation 21(2)(b) bars an application for a Debt Payment Programme while you are a party to a protected trust deed, and a deed is not protected on the day you sign it. In the other direction, a protected trust deed automatically ends a programme, so take advice first.
Which one is better if you own your home?
That depends on the equity, and it is the question to put to an adviser first. A programme conveys nothing to anybody, while a trust deed conveys your estate to a trustee subject to defined exceptions and negotiated exclusions.
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Written as general information about Scottish debt law rather than regulated financial or legal advice, and your own circumstances may change the answer. Free, impartial help is available from Citizens Advice Scotland, StepChange, National Debtline and Advice Direct Scotland.