Bankruptcy and Diligence (Scotland) Act 2024 Explanatory Notes

1. Introduction

2. Notes on Interpretation

3. Crown Application

4. Overview

5. Commentary on Provisions

   1. Mental health moratorium

      1. Section 1 – Moratorium on debt recovery action: debtors who have a mental illness

      2. Section 2 – Procedure for first regulations under section 1

      3. Section 3 – Review of mental health moratorium

   2. Modification of the Bankruptcy (Scotland) Act 2016

      1. Section 4 – Process for applying for recall of an award of sequestration

      2. Section 5 – Recall of sequestration: payment of interest

      3. Section 6 – When sequestration is awarded: minimal asset process

      4. Section 7 – Petition for sequestration: citation of debtor

      5. Section 8 – Gratuitous alienations: right acquired in good faith and for value

      6. Section 9 – Time periods for appeals against decisions by AiB

      7. Section 10 – Protected trust deeds: information and time to be provided to debtor

      8. Section 11 – Debtor not traced: former trustee’s outlays and remuneration

      9. Section 12 – Failure of debtor to co-operate with trustee in sequestration

      10. Section 13 – Commissioners: disqualification from office where AiB is trustee

   3. Arrestment and action of furthcoming

      1. Section 14 – Service of documents and arrestee’s duty of disclosure

      2. Section 15 – Attachment of property or funds: duty to consult and power to make further provision

   4. Diligence against earnings

      1. Section 16 – Service of documents and employers’ etc. duty of disclosure

   5. Diligence on the dependence

      1. Section 17 – Provision of debt advice and information package

   6. Exceptional attachment

      1. Section 18 – Notice and redemption periods

   7. Money attachment

      1. Section 19 – Money attachment when premises are open

   8. Arrestment of ships

      1. Section 20 – Arrestment of ships on a Sunday

   9. Final provisions

      1. Section 21 – Ancillary provision

      2. Section 22 – Commencement

      3. Section 23 – Short title

6. Parliamentary History