Part 1Bankruptcy
Effect of bankruptcy restrictions orders and undertakings
5Orders relating to disqualification
After section 71A of the 1985 Act, insert—
71BDisqualification provisions: power to make orders
1
The Scottish Ministers may make an order under this section in relation to a disqualification provision.
2
A “disqualification provision” is a provision made by or under any enactment which disqualifies (whether permanently or temporarily and whether absolutely or conditionally) a relevant debtor or a class of relevant debtors from—
a
being elected or appointed to an office or position;
b
holding an office or position; or
c
becoming or remaining a member of a body or group.
3
In subsection (2) above, the reference to a provision which disqualifies a person conditionally includes a reference to a provision which enables him to be dismissed.
4
An order under subsection (1) above may repeal or revoke the disqualification provision.
5
An order under subsection (1) above may amend, or modify the effect of, the disqualification provision—
a
so as to reduce the class of relevant debtors to whom the disqualification provision applies;
b
so as to extend the disqualification provision to some or all individuals who are subject to a bankruptcy restrictions order;
c
so that the disqualification provision applies only to some or all individuals who are subject to a bankruptcy restrictions order;
d
so as to make the application of the disqualification provision wholly or partly subject to the discretion of a specified person, body or group.
6
An order by virtue of subsection (5)(d) above may provide for a discretion to be subject to—
a
the approval of a specified person or body;
b
appeal to a specified person, body, court or tribunal.
7
The Scottish Ministers may be specified for the purposes of subsection (5)(d) or (6)(a) or (b) above.
8
In this section—
“bankruptcy restrictions order” includes—
- a
a bankruptcy restrictions undertaking;
- b
a bankruptcy restrictions order made under paragraph 1 of Schedule 4A to the Insolvency Act 1986 (c. 45); and
- c
a bankruptcy restrictions undertaking entered into under paragraph 7 of that Schedule;
“relevant debtor” means a debtor—
- a
whose estate has been sequestrated;
- b
who has granted (or on whose behalf there has been granted) a trust deed;
- c
who has been adjudged bankrupt by a court in England and Wales or in Northern Ireland; or
- d
who, in England and Wales or in Northern Ireland, has made an agreement with his creditors for a composition in satisfaction of his debts or a scheme of arrangement of his affairs or for some other kind of settlement or arrangement.
9
An order under this section—
a
may make provision generally or for a specified purpose only;
b
may make different provision for different purposes; and
c
may make transitional, consequential or incidental provision.
10
An order under this section—
a
shall be made by statutory instrument; and
b
shall not be made unless a draft has been laid before and approved by a resolution of the Scottish Parliament.