Introductory Text
Advice and education
1.Sequestration of estate of living debtor: money advice
2.Financial education for debtor
Payments by debtor following sequestration
3.Debtor's contribution: common financial tool
4.Debtor contribution order
Sequestration where debtor has few assets
5.Debtor application
6.Circumstances where Accountant in Bankruptcy appointed as trustee
7.Discharge, conditions etc.
Moratorium on diligence
8.Moratorium on diligence
Application for sequestration
9.Statement of undertakings
10.Debtor application: incomplete or inappropriate application
11.Sequestration: application by executor
12.Concurrent proceedings for sequestration: recall
Administration of estate
13.Debtor's bank account
14.Submission of claims to trustee
15.First accounting period
16.Vesting of estate after sequestration
Discharge following sequestration
17.Discharge of debtor
18.Repeal of discharge on composition
19.Deferral of discharge where debtor cannot be traced
20.Unclaimed dividends and unapplied balances
21.Assets discovered after trustee discharge: appointment of trustee
Records
22.Register of insolvencies
23.Sederunt book
24.Abolition of certain requirements in relation to Edinburgh Gazette
Functions of sheriff and Accountant in Bankruptcy in sequestration
25.Application by trustee for direction on matters in sequestration
26.Recall of sequestration by sheriff
27.Recall of sequestration by Accountant in Bankruptcy
28.Appointment of replacement trustee
29.Replacement of trustee acting in more than one sequestration
30.Removal of trustee and trustee not acting
31.Removal of commissioner
32.Contractual powers of trustee
33.Bankruptcy restrictions order
34.Conversion of protected trust deed into sequestration
35.Power to cure defects in procedure
36.Regulations: applications to Accountant in Bankruptcy etc.
37.Valuation of debts depending on contingency
Review of decisions made by Accountant in Bankruptcy
38.Review of decisions about interim trustee
39.Review of decision not to award sequestration
40.Review of decisions about replacement trustee
41.Review of decisions about adjudication of creditor's claims
42.Review of decision about discharge of trustee
43.Appeals against decisions on review
Miscellaneous amendments
44.Representation of Accountant in Bankruptcy in sheriff court
45.Failure to send statements of assets and liabilities
46.Time limits for sequestration of limited partnership
47.Petition for sequestration by trustee under trust deed
48.Effect of sequestration: renewal of period of inhibition etc.
49.Division and sale of debtor's family home
50.Effect of discharge of debtor
51.Offence of obtaining credit: increase in amount
52.Bankruptcy restrictions undertaking: repeal
53.Debt arrangement schemes: extension to non-natural persons and fees
General
54.Meaning of “the 1985 Act”
55.Ancillary provision
56.Minor and consequential amendments and repeals
57.Commencement
58.Short title
SCHEDULE 1
SCHEDULE A1 TO THE 1985 ACT
. . . . . . . . . ....
SCHEDULE 2
INFORMATION TO BE INCLUDED IN THE SEDERUNT BOOK
SCHEDULE 3
MINOR AND CONSEQUENTIAL AMENDMENTS
Sheriff Courts (Scotland) Act 1971 (c.58)
1.MINOR AND CONSEQUENTIAL AMENDMENTS
Bankruptcy (Scotland) Act 1985 (c.66)
2.MINOR AND CONSEQUENTIAL AMENDMENTS
3.MINOR AND CONSEQUENTIAL AMENDMENTS
4.MINOR AND CONSEQUENTIAL AMENDMENTS
5.MINOR AND CONSEQUENTIAL AMENDMENTS
6.MINOR AND CONSEQUENTIAL AMENDMENTS
7.MINOR AND CONSEQUENTIAL AMENDMENTS
8.MINOR AND CONSEQUENTIAL AMENDMENTS
9.MINOR AND CONSEQUENTIAL AMENDMENTS
10.MINOR AND CONSEQUENTIAL AMENDMENTS
11.MINOR AND CONSEQUENTIAL AMENDMENTS
12.MINOR AND CONSEQUENTIAL AMENDMENTS
13.MINOR AND CONSEQUENTIAL AMENDMENTS
14.MINOR AND CONSEQUENTIAL AMENDMENTS
15.MINOR AND CONSEQUENTIAL AMENDMENTS
16.MINOR AND CONSEQUENTIAL AMENDMENTS
17.MINOR AND CONSEQUENTIAL AMENDMENTS
18.MINOR AND CONSEQUENTIAL AMENDMENTS
19.MINOR AND CONSEQUENTIAL AMENDMENTS
20.MINOR AND CONSEQUENTIAL AMENDMENTS
21.MINOR AND CONSEQUENTIAL AMENDMENTS
22.MINOR AND CONSEQUENTIAL AMENDMENTS
23.MINOR AND CONSEQUENTIAL AMENDMENTS
24.MINOR AND CONSEQUENTIAL AMENDMENTS
25.MINOR AND CONSEQUENTIAL AMENDMENTS
26.MINOR AND CONSEQUENTIAL AMENDMENTS
27.MINOR AND CONSEQUENTIAL AMENDMENTS
28.MINOR AND CONSEQUENTIAL AMENDMENTS
29.MINOR AND CONSEQUENTIAL AMENDMENTS
30.MINOR AND CONSEQUENTIAL AMENDMENTS
31.MINOR AND CONSEQUENTIAL AMENDMENTS
32.MINOR AND CONSEQUENTIAL AMENDMENTS
33.MINOR AND CONSEQUENTIAL AMENDMENTS
34.MINOR AND CONSEQUENTIAL AMENDMENTS
35.MINOR AND CONSEQUENTIAL AMENDMENTS
36.MINOR AND CONSEQUENTIAL AMENDMENTS
37.MINOR AND CONSEQUENTIAL AMENDMENTS
Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)
38.MINOR AND CONSEQUENTIAL AMENDMENTS
Fire (Scotland) Act 2005 (asp 5)
39.MINOR AND CONSEQUENTIAL AMENDMENTS
Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)
40.MINOR AND CONSEQUENTIAL AMENDMENTS
Housing (Scotland) Act 2010 (asp 17)
41.MINOR AND CONSEQUENTIAL AMENDMENTS
SCHEDULE 4
REPEALS