Bankruptcy and Diligence etc. (Scotland) Act 2007
Part 1Bankruptcy
Duration of bankruptcy
1Discharge of debtor
Bankruptcy restrictions orders and undertakings
2Bankruptcy restrictions orders and undertakings
Effect of bankruptcy restrictions orders and undertakings
3Disqualification from being appointed as receiver
4Disqualification for nomination, election and holding office as member of local authority
5Orders relating to disqualification
The trustee in the sequestration
6Amalgamation of offices of interim trustee and permanent trustee
7Repeal of trustee's residence requirement
8Duties of trustee
9Grounds for resignation or removal of trustee
10Termination of interim trustee's functions
11Statutory meeting and election of trustee
12 Replacement of trustee acting in more than one sequestration
13Requirement to hold money in interest bearing account
Debtor applications
14Debtor applications
15Debtor applications by low income, low asset debtors
Jurisdiction
16Sequestration proceedings to be competent only before sheriff
Vesting of estate and dealings of debtor
17Vesting of estate and dealings of debtor
Income received by debtor after sequestration
18Income received by debtor after sequestration
Debtor's home and other heritable property
19Debtor's home and other heritable property
Protected trust deeds
20Modification of provisions relating to protected trust deeds
...
21Modification of composition procedure
Status and powers of Accountant in Bankruptcy
22Status of Accountant in Bankruptcy as officer of the court
23Accountant in Bankruptcy's power to investigate trustees under protected trust deeds
Offences
24Modification of offences under section 67 of the 1985 Act
Miscellaneous and general
25Debt limits in sequestrations
26Creditor to provide debt advice and information package
27Continuation of sequestration proceedings
28Abolition of summary administration
29Non-vested contingent interest reinvested in debtor
30Debtor's requirement to give account of state of affairs
31Restriction of debtor's right to appeal under sections 49(6) and 53(6) of the 1985 Act
32Status of order on petition to convert protected trust deed into sequestration
33Power to provide for lay representation in sequestration proceedings
34Treatment of student loans on sequestration
35Certain regulations under the 1985 Act: procedure
36Minor and consequential amendments of the 1985 Act
Part 2Floating charges
Registration and creation etc.
37Register of Floating Charges
38Creation of floating charges
39Advance notice of floating charges
40Ranking of floating charges
41Ranking clauses
42Assignation of floating charges
43Alteration of floating charges
44Discharge of floating charges
45Effect of floating charges on winding up
46Repeals, savings and transitional arrangements
47Interpretation
Related further provision
48Formalities as to documents
49Industrial and provident societies
Part 3Officers of court
Scottish Civil Enforcement Commission
50Scottish Civil Enforcement Commission
Advisory Council on Messengers-at-Arms and Sheriff Officers
51Advisory Council's annual report
52Publication of guidance and other information
53Published information not to enable identification
54Register of judicial officers
55Code of practice
56Publication of information relating to informal debt collection
Judicial officers
57Judicial officers
58Appointment of judicial officer
59Annual fee
Abolition of offices of messenger-at-arms and sheriff officer
60Abolition of offices of messenger-at-arms and sheriff officer
Regulation of officers of court
61Regulation of officers of court
62Duty to notify Lord President and sheriff principal of bankruptcy etc.
Officers of court's professional association
63Officers of court's professional association
63ACode of practice
64Duty of professional association to forward complaints ...
65Information from professional association
Annual fee for officers of court
65AAnnual fee
Investigation of officers of court
66Inspection of officer of court
67Investigation of alleged misconduct by judicial officer
68Suspension of judicial officer pending outcome of disciplinary or criminal proceedings
69Commission's duty in relation to offences or misconduct by judicial officer
70Commission's power in relation to judicial officer's bankruptcy etc.
Disciplinary proceedings
71Referrals to the disciplinary committee
72Disciplinary committee's powers
73Orders under sections 68 and 72: supplementary provision
Appeals
74Appeals from decisions under sections 58, 68 and 72
Miscellaneous
75Officer of court's actions void where officer has interest
76Measure of damages payable by judicial officer for negligence or other fault
77Effect of code of practice
78Electronic publications and communications
Part 4Land attachment and residual attachment
Chapter 1Abolition of adjudication for debt
79Abolition of adjudication for debt
80Renaming of the Register of Inhibitions and Adjudications
Chapter 2Attachment of land
Land attachment
81Land attachment
82Attachable land
83Notice of land attachment
Consequences of land attachment
84Debts secured by land attachment not rendered heritable
85Restriction on priority of ranking of certain securities
86Lease granted after registration of notice of land attachment
87Assignation of title deeds etc.
88Acquisition of right to execute land attachment
89Effect of debtor's death before land attachment created
90Effect of debtor's death after land attachment created
91Caveat by purchaser under missives
Preparations for sale of attached land
92Application for warrant to sell attached land
93Notice to local authority of application for warrant for sale
94Preliminary hearing on application for warrant to sell
95Valuation report
96Creditor's duties prior to full hearing on application for warrant for sale
97Full hearing on application for warrant for sale
98Application for warrant for sale of sole or main residence
99Protection of purchaser under contract where creditor applies for warrant for sale
100Protection of purchaser under contract where warrant for sale granted
101Provision supplementary to sections 99 and 100
102Warrant for sale of attached land owned in common
103Intimation of sheriff's decision at full hearing
104Supplementary orders as respects sale
105Effect of certain refusals of application for warrant for sale under section 97(5)
106Termination of debtor's right to occupy land
107Consequences of giving notice under section 106(1)
The sale
108Appointed person
109Method of sale
110Legal incapacity or disability of debtor not to affect title of purchaser
111Title of purchaser not to be affected by certain irregularities
112Effect of registration of disposition on securities
113Report of sale
114Audit of report of sale
115Sheriff's consideration of report
116Proceeds of sale
Foreclosure
117Foreclosure
118Registration of decree of foreclosure
Payments to account and expenses
119Ascription
120Expenses of land attachment
Termination, discharge etc. of land attachment
121Termination by payment etc.
122Discharge
123Recall and restriction of land attachment
124Duration of land attachment
Land attachment subsequent to reduction of deed granted in breach of inhibition
125Land attachment subsequent to reduction of deed granted in breach of inhibition
General and miscellaneous
126Land attachment as heritable security
127Statement on impact of land attachment
127AAmendment of Bankruptcy (Scotland) Act 2016
128Interpretation
Chapter 3Residual attachment
Residual attachment
129Residual attachment
Application for residual attachment order
130Application for residual attachment order
131Effect of application for residual attachment order
Residual attachment order
132Residual attachment order
133Schedule of residual attachment
134Creation and effect of residual attachment
Satisfaction order
135Application for satisfaction order
136Satisfaction order
137Intimation of court's decision
138Effect of certain refusals of application for satisfaction order
Termination, discharge etc. of residual attachment
139Termination by payment etc.
140Recall
141Duration of residual attachment
142Effect of death of debtor
General and miscellaneous
143Expenses of residual attachment
144Ascription
145Interpretation
Part 5Inhibition
Creation
146Certain decrees and documents of debt to authorise inhibition without need for letters of inhibition
147Provision of debt advice and information package when executing inhibition
148Registration of inhibition
149Date on which inhibition takes effect
Effect
150Property affected by inhibition
151Effect on inhibition to enforce obligation when alternative decree granted
152Effect of conversion of limited inhibition on the dependence to inhibition in execution
153Property affected by inhibition to enforce obligation to convey heritable property
154Inhibition not to confer a preference in ranking
155Power of receiver or liquidator in creditors' voluntary winding up to dispose of property affected by inhibition
Termination
156Termination of effect of inhibition
157Inhibition terminated by payment of full amount owing
158Inhibition terminated by compliance with obligation to perform
159Termination of inhibition when property acquired by third party
Breach
160Breach of inhibition
161Prescription of right to reduce transactions in breach of inhibition
162Registration of notice of litigiosity and discharge of notice
163Reduction of lease granted in breach of inhibition
General and miscellaneous
164Power to prescribe forms in the 1868 Act
165Expenses of inhibition
166Ascription
167Keeper's duty to enter inhibition on title sheet
168Inhibition effective against judicial factor
Part 6Diligence on the dependence
169Diligence on the dependence
170Prescription of arrestment
171Abolition of letters of loosing
172Abolition of adjudication in security
Part 7Interim attachment
173Interim attachment
Part 8Attachment of money
Money attachment
174Money attachment
175Meaning of “money” and related expressions
176When money attachment not competent
Execution of money attachment
177Removal of money attached
178Presumption of ownership
179Schedule of money attachment
180Valuation of banking instruments
181Order for realisation of money likely to deteriorate in value
182Report of money attachment
Release of money attached
183Creditor's application for payment order
184Effect of payment order
185Release of money where attachment unduly harsh
186Invalidity and cessation of money attachment
187Termination of money attachment
188Redemption of banking instrument
Statement of money attachment
189Final statement of money attachment
190Audit of final statement under section 189(1)
General and miscellaneous
191Money in common ownership
192Procedure where money owned in common is disposed of
193Unlawful acts after money attachment
194Appeals
195Recovery from debtor of expenses of money attachment
196Liability for expenses of money attachment
197Ascription
198Interpretation
Part 9Diligence against earnings
199Simultaneous operation of arrestments against earnings where net earnings insufficient
200Arrestment of earnings: deductions from holiday pay
201Provision of debt advice and information package
202Intimation of arrestment schedule
203Provision of information
204Conjoined arrestment orders: jurisdiction
205Arrestment of seamen's wages
Part 10Arrestment in execution and action of furthcoming
206Arrestment in execution
Part 11Maills and duties, sequestration for rent and landlord's hypothec
Abolition of maills and duties
207Abolition of maills and duties
Landlord's hypothec and sequestration for rent
208Abolition of sequestration for rent and restriction of landlord's hypothec
Part 12Summary warrants, time to pay and charges to pay
209Summary warrants, time to pay and charges to pay
210Time to pay directions and time to pay orders
Part 13Amendments of the Debt Arrangement and Attachment (Scotland) Act 2002
211Debt payment programmes with debt relief
212Further amendments of the Debt Arrangement and Attachment (Scotland) Act 2002
Part 14Admiralty actions and arrestment of ships
213Admiralty actions and the arrestment of ships: modification of enactments
Part 15Actions for removing from heritable property
214Expressions used in this Part
215Procedure for execution of removing
216Service of charge before removing
217When removing not competent
218Preservation of property left in premises
219Caution for pecuniary claims
Part 16Disclosure of information
220Information disclosure
Part 17General and miscellaneous
221Interpretation
Execution of diligence: electronic standard securities
222Registration and execution of electronic standard securities
General
223Crown application
224Orders and regulations
225Ancillary provision
226Minor and consequential amendments and repeals
227Short title and commencement
SCHEDULE 1Minor and consequential amendments of the 1985 Act
1Minor and consequential amendments of the 1985 Act
2Minor and consequential amendments of the 1985 Act
3Minor and consequential amendments of the 1985 Act
4Minor and consequential amendments of the 1985 Act
5Minor and consequential amendments of the 1985 Act
6Minor and consequential amendments of the 1985 Act
7Minor and consequential amendments of the 1985 Act
8Minor and consequential amendments of the 1985 Act
9Minor and consequential amendments of the 1985 Act
10Minor and consequential amendments of the 1985 Act
11Minor and consequential amendments of the 1985 Act
12Minor and consequential amendments of the 1985 Act
13Minor and consequential amendments of the 1985 Act
14Minor and consequential amendments of the 1985 Act
15Minor and consequential amendments of the 1985 Act
16Minor and consequential amendments of the 1985 Act
17Minor and consequential amendments of the 1985 Act
18Minor and consequential amendments of the 1985 Act
19Minor and consequential amendments of the 1985 Act
20Minor and consequential amendments of the 1985 Act
21Minor and consequential amendments of the 1985 Act
22Minor and consequential amendments of the 1985 Act
23Minor and consequential amendments of the 1985 Act
24Minor and consequential amendments of the 1985 Act
25Minor and consequential amendments of the 1985 Act
26Minor and consequential amendments of the 1985 Act
27Minor and consequential amendments of the 1985 Act
28Minor and consequential amendments of the 1985 Act
29Minor and consequential amendments of the 1985 Act
30Minor and consequential amendments of the 1985 Act
31Minor and consequential amendments of the 1985 Act
32Minor and consequential amendments of the 1985 Act
33Minor and consequential amendments of the 1985 Act
34Minor and consequential amendments of the 1985 Act
35Minor and consequential amendments of the 1985 Act
36Minor and consequential amendments of the 1985 Act
37Minor and consequential amendments of the 1985 Act
38Minor and consequential amendments of the 1985 Act
39Minor and consequential amendments of the 1985 Act
40Minor and consequential amendments of the 1985 Act
41Minor and consequential amendments of the 1985 Act
42Minor and consequential amendments of the 1985 Act
43Minor and consequential amendments of the 1985 Act
44Minor and consequential amendments of the 1985 Act
45Minor and consequential amendments of the 1985 Act
46Minor and consequential amendments of the 1985 Act
47Minor and consequential amendments of the 1985 Act
48Minor and consequential amendments of the 1985 Act
49Minor and consequential amendments of the 1985 Act
50Minor and consequential amendments of the 1985 Act
51Minor and consequential amendments of the 1985 Act
52Minor and consequential amendments of the 1985 Act
53Minor and consequential amendments of the 1985 Act
54Minor and consequential amendments of the 1985 Act
55Minor and consequential amendments of the 1985 Act
56Minor and consequential amendments of the 1985 Act
57Minor and consequential amendments of the 1985 Act
58Minor and consequential amendments of the 1985 Act
59Minor and consequential amendments of the 1985 Act
60Minor and consequential amendments of the 1985 Act
61Minor and consequential amendments of the 1985 Act
62Minor and consequential amendments of the 1985 Act
SCHEDULE 2The Scottish Civil Enforcement Commission
Status
1The Scottish Civil Enforcement Commission
Membership
2The Scottish Civil Enforcement Commission
3The Scottish Civil Enforcement Commission
Tenure of office
4The Scottish Civil Enforcement Commission
5The Scottish Civil Enforcement Commission
6The Scottish Civil Enforcement Commission
7The Scottish Civil Enforcement Commission
8The Scottish Civil Enforcement Commission
9The Scottish Civil Enforcement Commission
10The Scottish Civil Enforcement Commission
11The Scottish Civil Enforcement Commission
12The Scottish Civil Enforcement Commission
Filling vacancies
13The Scottish Civil Enforcement Commission
14The Scottish Civil Enforcement Commission
Chairperson
15The Scottish Civil Enforcement Commission
Disciplinary Committee
16The Scottish Civil Enforcement Commission
Remuneration
17The Scottish Civil Enforcement Commission
General powers
18The Scottish Civil Enforcement Commission
19The Scottish Civil Enforcement Commission
20The Scottish Civil Enforcement Commission
Quorum
21The Scottish Civil Enforcement Commission
Structure and procedures
22The Scottish Civil Enforcement Commission
Chief executive officer and other staff
23The Scottish Civil Enforcement Commission
24The Scottish Civil Enforcement Commission
25The Scottish Civil Enforcement Commission
26The Scottish Civil Enforcement Commission
27The Scottish Civil Enforcement Commission
28The Scottish Civil Enforcement Commission
Location of office
29The Scottish Civil Enforcement Commission
Financing by the Scottish Ministers
30The Scottish Civil Enforcement Commission
31The Scottish Civil Enforcement Commission
32The Scottish Civil Enforcement Commission
Accounts and audit
33The Scottish Civil Enforcement Commission
34The Scottish Civil Enforcement Commission
35The Scottish Civil Enforcement Commission
SCHEDULE 3Expenses of money attachment
Expenses chargeable against the debtor
1There is to be chargeable against the debtor any expenses...
2Expenses chargeable against the debtor by virtue of paragraph 1(e)...
Circumstances where no expenses are due to or by either party
3Subject to paragraph 4 below, the debtor shall not be...
4If— (a) an application mentioned in paragraph 3(a) above is...
5Paragraphs 3 and 4 above do not apply to expenses...
SCHEDULE 4Modifications of enactments relating to admiralty actions and the arrestment of ships
Definition of “maritime lien”
1In section 48 of the Administration of Justice Act 1956...
2In sections 45(5) and 47(3)(b), (4)(b) and (5) of the...
3In section 47(2)(r) of the 1956 Act, for “or hypothecation...
The term “admiralty action”
4In section 47 of the 1956 Act—
5(1) In paragraph 7 of schedule 5 to the Civil...
Arrestment in rem granted by the sheriff
6After section 47 of the 1956 Act, insert— Execution of...
Arrestment on the dependence
7(1) Section 47 of the 1956 Act is amended as...
Liability for losses and expenses
8After section 47A of the 1956 Act (as inserted by...
Factors affecting arrestments
9After section 47B of the 1956 Act (as inserted by...
Cargo on board a ship exempt from attachment
10In section 11 of the 2002 Act (articles exempt from...
Location of a ship when arrestment executed
11In section 47 of the 1956 Act—
Demise charters
12After section 47D of the 1956 Act (as inserted by...
13In section 6(c) of the Sheriff Courts (Scotland) Act 1907...
SCHEDULE 5Minor and consequential amendments
The Companies Clauses Consolidation (Scotland) Act 1845 (c. 17)
1In section 114 of the Companies Clauses Consolidation (Scotland) Act...
The Harbours, Docks and Piers Clauses Act 1847 (c. 27)
2In section 46 of the Harbours, Docks and Piers Clauses...
The Titles to Land Consolidation (Scotland) Act 1868 (c. 101)
3In section 3 of the Titles to Land Consolidation (Scotland)...
The Writs Execution (Scotland) Act 1877 (c. 40)
4In section 3(a) of the Writs Execution (Scotland) Act 1877...
The Judicial Factors (Scotland) Act 1889 (c. 39)
5In section 11A of the Judicial Factors (Scotland) Act (application...
The Sheriff Courts (Scotland) Extracts Act 1892 (c. 17)
6(1) The Sheriff Courts (Scotland) Extracts Act 1892 is amended...
The Execution of Diligence (Scotland) Act 1926 (c. 16)
7(1) The Execution of Diligence (Scotland) Act 1926 is amended...
The Local Government (Scotland) Act 1947 (c. 43)
8(1) The Local Government (Scotland) Act 1947 is amended as...
The Taxes Management Act 1970 (c. 9)
9(1) The Taxes Management Act 1970 is amended as follows....
The Sheriff Courts (Scotland) Act 1971 (c. 58)
10In section 32(1) of the Sheriff Courts (Scotland) Act 1971...
The Animal Health Act 1981 (c. 22)
11In section 92(3) of the Animal Health Act 1981 (power...
The Civil Jurisdiction and Judgments Act 1982 (c. 27)
12In section 27 of the Civil Jurisdiction and Judgments Act...
The Bankruptcy (Scotland) Act 1985 (c. 66)
13(1) The 1985 Act is amended as follows.
The Insolvency Act 1986 (c. 45)
14(1) The Insolvency Act 1986 is amended as follows.
The Legal Aid (Scotland) Act 1986 (c. 47)
15In Part 2 of Schedule 2 to the Legal Aid...
The Debtors (Scotland) Act 1987 (c. 18)
16(1) The 1987 Act is amended as follows.
The Abolition of Domestic Rates etc. (Scotland) Act 1987 (c. 47)
17(1) Schedule 2 to the Abolition of Domestic Rates etc....
The Child Support Act 1991 (c. 48)
18In section 38 of the Child Support Act 1991 (enforcement...
The Social Security Administration Act 1992 (c. 5)
19In section 121B of the Social Security Administration Act 1992—...
The Local Government Finance Act 1992 (c. 14)
20(1) Schedule 8 to the Local Government Finance Act 1992...
The Tribunals and Inquiries Act 1992 (c. 53)
21In Part II of Schedule 1 to the Tribunals and...
The Proceeds of Crime (Scotland) Act 1995 (c. 43)
22In section 32 of the Proceeds of Crime (Scotland) Act...
The Criminal Procedure (Scotland) Act 1995 (c. 46)
23In section 221 of the Criminal Procedure (Scotland) Act 1995...
The Finance Act 1997 (c. 16)
24In section 52 of the Finance Act 1997—
The Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)
25In schedule 3 to the Ethical Standards in Public Life...
The Water Industry (Scotland) Act 2002 (asp 3)
26(1) Schedule 4 to the Water Industry (Scotland) Act 2002...
The Scottish Public Services Ombudsman Act 2002 (asp 11)
27In Part 2 of schedule 2 to the Scottish Public...
The Freedom of Information (Scotland) Act 2002 (asp 13)
28In schedule 1 to the Freedom of Information (Scotland) Act...
The Proceeds of Crime Act 2002 (c. 29)
29In section 123 of the Proceeds of Crime Act (inhibition...
The Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)
30(1) The 2002 Act is amended as follows.
The Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
31In schedule 2 to the Public Appointments and Public Bodies...
The Finance Act 2003 (c. 14)
32In paragraph 3(2) of Schedule 12 to the Finance Act...
The Civil Partnership Act 2004 (c. 33)
33In section 103(6) of the Civil Partnership Act 2004 (warrant...
SCHEDULE 6Repeals and revocation
Part 1Repeals
Part 2Revocation

Bankruptcy and Diligence etc. (Scotland) Act 2007

2007 asp 3

C1An Act of the Scottish Parliament to amend the law of sequestration and personal insolvency; to amend the law about floating charges; to establish a Scottish Civil Enforcement Commission and replace officers of court with judicial officers; to amend the law of diligence; and for connected purposes.

Annotations:
Modifications etc. (not altering text)