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Coronavirus (Recovery and Reform) (Scotland) Act 2022

Coronavirus (Recovery and Reform) (Scotland) Act 2022

2022 asp 8

The Act: Overview

Part 3: Public Service Reform

Bankruptcy

Section 20: Bankruptcy: meaning of “qualified creditor” and “qualified creditors”

84.This section amends the definitions of “qualified creditor” and “qualified creditors” in section 7(1) of the 2016 Act by raising the amount of money a creditor or a group of creditors must be owed in order to be “qualified” from £3,000 to £5,000. A qualified creditor has the right to petition the court for a debtor’s bankruptcy in terms of section 2(1)(b)(i) of the 2016 Act, where the debtor is apparently insolvent. The new definition will apply in relation to any sequestration in respect of which the petition was presented on or after the commencement date of 1 October 2022 (see section 59 for commencement arrangements).

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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