Bankruptcy and Debt Advice (Scotland) Act 2014

Advice and education

1Sequestration of estate of living debtor: money advice

2Financial education for debtor

Payments by debtor following sequestration

3Debtor's contribution: common financial tool

4Debtor contribution order

Sequestration where debtor has few assets

5Debtor application

6Circumstances where Accountant in Bankruptcy appointed as trustee

7Discharge, conditions etc.

Moratorium on diligence

8Moratorium on diligence

Application for sequestration

9Statement of undertakings

10Debtor application: incomplete or inappropriate application

11Sequestration: application by executor

12Concurrent proceedings for sequestration: recall

Administration of estate

13Debtor's bank account

14Submission of claims to trustee

15First accounting period

16Vesting of estate after sequestration

Discharge following sequestration

17Discharge of debtor

18Repeal of discharge on composition

19Deferral of discharge where debtor cannot be traced

20Unclaimed dividends and unapplied balances

21Assets discovered after trustee discharge: appointment of trustee

22Register of insolvencies

23Sederunt book

24Abolition of certain requirements in relation to Edinburgh Gazette

Functions of sheriff and Accountant in Bankruptcy in sequestration

25Application by trustee for direction on matters in sequestration

26Recall of sequestration by sheriff

27Recall of sequestration by Accountant in Bankruptcy

28Appointment of replacement trustee

29Replacement of trustee acting in more than one sequestration

30Removal of trustee and trustee not acting

31Removal of commissioner

32Contractual powers of trustee

33Bankruptcy restrictions order

34Conversion of protected trust deed into sequestration

35Power to cure defects in procedure

36Regulations: applications to Accountant in Bankruptcy etc.

37Valuation of debts depending on contingency

Review of decisions made by Accountant in Bankruptcy

38Review of decisions about interim trustee

39Review of decision not to award sequestration

40Review of decisions about replacement trustee

41Review of decisions about adjudication of creditor's claims

42Review of decision about discharge of trustee

43Appeals against decisions on review

Miscellaneous amendments

44Representation of Accountant in Bankruptcy in sheriff court

45Failure to send statements of assets and liabilities

46Time limits for sequestration of limited partnership

47Petition for sequestration by trustee under trust deed

48Effect of sequestration: renewal of period of inhibition etc.

49Division and sale of debtor's family home

50Effect of discharge of debtor

51Offence of obtaining credit: increase in amount

52Bankruptcy restrictions undertaking: repeal

53Debt arrangement schemes: extension to non-natural persons and fees

54Meaning of “the 1985 Act”

55Ancillary provision

56Minor and consequential amendments and repeals

SCHEDULE 1SCHEDULE A1 TO THE 1985 ACT

This is the Schedule that is to be inserted as...

SCHEDULE 2INFORMATION TO BE INCLUDED IN THE SEDERUNT BOOK

This is the Schedule that is to be inserted as...

SCHEDULE 3MINOR AND CONSEQUENTIAL AMENDMENTS

Sheriff Courts (Scotland) Act 1971 (c.58)

1In section 32(1)(m) of the Sheriff Courts (Scotland) Act 1971...

Bankruptcy (Scotland) Act 1985 (c.66)

2The Bankruptcy (Scotland) Act 1985 Act is amended as follows....

3In section 1A(1)(b) (register of insolvencies)— (a) before sub-paragraph (i)...

4In section 5 (sequestration of the estate of living or...

5In section 5B (certificate for sequestration), in each of subsections...

6In section 6 (sequestration of other estates)—

7In section 7 (meaning of “apparent insolvency”)—

8In section 9(1A) (jurisdiction), after “living” insert “ or deceased...

9In section 12 (when sequestration is awarded)—

10In section 13B (termination of Accountant in Bankruptcy's functions as...

11In section 14(1) (registration of warrant or determination of debtor...

12In section 14(3) (expiry of effect of inhibition), after paragraph...

13In section 15(4), for “16 and 17” substitute “ 10A(3A),...

14In section 17 (recall of sequestration)— (a) in subsection (2),...

15In section 20(1) (trustee's duties on receipt of list of...

16In section 23(3) (proceedings at statutory meeting before trustee vote),...

17In section 26(1) (provisions relating to termination of original trustee's...

18In section 27(4) (discharge of original trustee: appeal etc.) for...

19In section 29(8) (removal of trustee and trustee not acting:...

20In section 32 (vesting of estate of debtor after sequestration)—...

21In section 39A(3) (debtor's home ceasing to form part of...

22In section 43A(1) (debtor's requirement to give account of affairs),...

23In section 47 of the 1985 Act (conduct of examination),...

24In section 48 of the 1985 Act (submission of claims...

25In section 50(1) (entitlement to vote and draw a dividend),...

26In section 52(7) (set aside of certain estate where appeal)—...

27In section 53 (procedure after end of accounting period)—

28The title of section 55 becomes “ Effect of discharge...

29In section 55— (a) in subsection (1), after “54” insert...

30In section 56J (effect of recall of sequestration)—

31In section 58 (unclaimed dividends), for “57(1)(a)”, in both places...

32In section 58A(4) (documents sent on discharge of Accountant in...

33In section 60B(2) (trustee's duty to give notice etc. to...

34In section 72 (regulations)— (a) after subsection (1), insert—

35In section 73(1) (interpretation)— (a) in the definition of “commissioner”,...

36In Schedule 1 (determination of amount of creditor's claim), in...

37In Part 2 of Schedule 7 (re-enactment of certain provisions...

Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)

38In section 62 of the Debt Arrangement and Attachment (Scotland)...

Fire (Scotland) Act 2005 (asp 5)

39In paragraph 5(2)(d) of schedule 1A to the Fire (Scotland)...

Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)

40In schedule 6 (repeals), in the entry relating to section...

Housing (Scotland) Act 2010 (asp 17)

41In section 165 (interpretation), in the definition of “undischarged bankrupt”,...

SCHEDULE 4REPEALS

Royal arms

Bankruptcy and Debt Advice (Scotland) Act 2014

2014 asp 11

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 20th March 2014 and received Royal Assent on 29th April 2014

An Act of the Scottish Parliament to amend the Bankruptcy (Scotland) Act 1985; and for connected purposes.