Bankruptcy and Diligence etc. (Scotland) Act 2007

Scottish Civil Enforcement Commission S

50 Scottish Civil Enforcement Commission S

(1) There is established a body corporate to be known as the Scottish Civil Enforcement Commission (in this Act, the “Commission”) having the functions conferred on it by virtue of this Act and any other enactment.

(2) The Commission must, in the exercise of its functions, act—

(a) in a manner that encourages equal opportunities and in particular the observance of the equal opportunity requirements; and

(b) in accordance with any directions given to it by the Scottish Ministers.

(3) In subsection (2)(a) above, “equal opportunities” and “equal opportunity requirements” have the same meanings as in Section L2 of Part II of Schedule 5 to the Scotland Act 1998 (c. 46).

(4) The Scottish Ministers may, by regulations—

(a) confer functions on;

(b) remove functions from; or

(c) otherwise modify the functions of,

the Commission.

(5) Regulations made under subsection (4) above may—

(a) transfer a function to the Commission which is conferred on another person by virtue of any other enactment; and

(b) make such modifications to any other enactment which the Scottish Ministers consider necessary or expedient in consequence of transferring the function.

(6) The Advisory Council on Messengers-at-Arms and Sheriff Officers is abolished.

(7) Schedule 2 to this Act makes further provision about the Commission.

Commencement Information

I1 S. 50 partly in force; s. 50 not in force at Royal Assent see s. 227; s. 50(4)(5) in force for certain purposes at 1.4.2008 by S.S.I. 2008/115, art. 3(4), Sch. 3 (with arts. 4-6, 10)

Valid from 31/01/2011

51 Information and annual report S

(1) The Commission must provide the Scottish Ministers with information relating to the exercise of the Commission's functions as the Scottish Ministers consider appropriate.

(2) The Commission must prepare a report on its activities during the whole of each financial year as soon as practicable after the end of the period to which the report relates.

(3) A report prepared under subsection (2) above—

(a) must include a statement of accounts, prepared in accordance with paragraph 33 of schedule 2 to this Act, for the period to which the report relates; and

(b) may include a statistical analysis of the performance by judicial officers of their functions and the undertaking by officers of activities during the period to which the report relates or any other period specified by the Commission in the report.

(4) The Commission may, in preparing the report under subsection (2) above, require a judicial officer to provide any information it considers necessary or proper for the purposes of preparing the report.

(5) The Commission must—

(a) send a copy of each report prepared under subsection (2) above to the Scottish Ministers; and

(b) publish the report.

(6) The Scottish Ministers must lay a copy of a report sent to them under subsection (5)(a) above before the Scottish Parliament.

Prospective

F1 52 Publication of guidance and other information S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 52 repealed (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 Pt. 2; S.S.I. 2011/30, art. 3(1)(3), Sch. 1

Valid from 31/01/2011

53 Published information not to enable identification S

Information—

(a) contained in a report prepared under section 51(2); or

(b) published under section 52(1) or 56(1),

of this Act must not be in a form which identifies or enables the identification of judicial officers or persons against whom diligence has been executed.

Prospective

F2 54 Register of judicial officers S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Ss. 54-60 repealed (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 Pt. 2; S.S.I. 2011/30, art. 3(1)(3), Sch. 1

Prospective

F2 55 Code of practice S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Ss. 54-60 repealed (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 Pt. 2; S.S.I. 2011/30, art. 3(1)(3), Sch. 1

Prospective

F2 56 Publication of information relating to informal debt collection S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Ss. 54-60 repealed (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 Pt. 2; S.S.I. 2011/30, art. 3(1)(3), Sch. 1