The Bankruptcy and Debt Advice (Scotland) Act 2014 (Consequential Provisions) Order 2014

Article 3

SCHEDULE Modification of enactments

PART 1 Primary legislation

The Education (Scotland) Act 1980

1.  In section 73B(12) (regulations relating to student loans) of the Education (Scotland) Act 1980(1) after “54” insert “, 54A or 54C”.

The International Criminal Court (Scotland) Act 2001

2.  In paragraph 8(2)(b) (freezing orders in respect of sequestration) of schedule 6 to the International Criminal Court (Scotland) Act 2001(2) for “32(2)” substitute “32A”.

The Charities and Trustee Investment (Scotland) Act 2005

3.  In section 70(3)(b)(i) (charity trustee disqualification: supplementary) of the Charities and Trustee Investment (Scotland) Act 2005(3) after “54” insert “, 54A, 54C”.

PART 2 Secondary legislation

The National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998

4.  In regulation 18(2) of the National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998(4) for “the court makes an income payments order under 32(2) and (4) of the Bankruptcy (Scotland) Act 1985 or” substitute “a person makes or varies a debtor contribution order under section 32A or 32F of the Bankruptcy (Scotland) Act 1985 or the court makes an income payments order”.

The National Health Service (Scotland) (Injury Benefits) Regulations 1998

5.  In regulation 20(3) of the National Health Service (Scotland) (Injury Benefits) Regulations 1998(5) for “the court makes an income payments order under 32(2) and (4) of the Bankruptcy (Scotland) Act 1985 or” substitute “a person makes or varies a debtor contribution order under section 32A or 32F of the Bankruptcy (Scotland) Act 1985 or the court makes an income payments order”.

The National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003

6.  In regulation 13(3) of the National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003(6) for “the court makes an order under 32(2) and (4) of the Bankruptcy (Scotland) Act 1985 or” substitute “a person makes or varies an order under section 32A or 32F of the Bankruptcy (Scotland) Act 1985 or the court makes”.

The Teachers’ Superannuation (Scotland) Regulations 2005

7.  In regulation E38(3) of the Teachers’ Superannuation (Scotland) Regulations 2005(7) for “the Court under section 32(2) and (4) of the Bankruptcy (Scotland) Act 1985 or” substitute “any person under section 32A or 32F of the Bankruptcy (Scotland) Act 1985 or of the Court”.

The Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006

8.  In regulation 12 of the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006(8)—

(a) in paragraph (a) for “sheriff shall not, in fixing an amount under section 32(2)” substitute “Accountant in Bankruptcy must not, in fixing an amount under section 32A”; and

(b) in paragraph (c)(ii) after “54” insert “, 54A, 54C”.

The Education (Student Loans) (Scotland) Regulations 2007

9.  In regulation 15 of the Education (Student Loans) (Scotland) Regulations 2007(9)—

(a) in paragraph (a) for “sheriff shall not, in fixing an amount under section 32(2)” substitute “Accountant in Bankruptcy must not, in fixing an amount under section 32A”; and

(b) in paragraph (c)(ii) after “54” insert “, 54A, 54C”.

The Local Government Pension Scheme (Administration) (Scotland) Regulations 2008

10.  In regulation 49(3) of the Local Government Pension Scheme (Administration) (Scotland) Regulations 2008(10) for “an income payments order under section 32(2)” substitute “a debtor contribution order under section 32A”.

The Graduate Endowment (Scotland) Regulations 2008

11.  In regulation 12 of the Graduate Endowment (Scotland) Regulations 2008(11)—

(a) in paragraph (a) for “sheriff must not, in fixing an amount under section 32(2)” substitute “Accountant in Bankruptcy must not, in fixing an amount under section 32A”; and

(b) in paragraph (c)(ii) after “54” insert “, 54A, 54C”.

The National Health Service Superannuation Scheme (Scotland) Regulations 2011

12.  In regulation T4(3) of the National Health Service Superannuation Scheme (Scotland) Regulations 2011(12) for “the court makes an income payments order under section 32(2) and (4) of the Bankruptcy (Scotland) Act 1985 or” substitute “a person makes or varies a debtor contribution order under section 32A or 32F of the Bankruptcy (Scotland) Act 1985 or the court makes an income payments order”.

The Local Government Pension Scheme (Scotland) Regulations 2014

13.  In regulation 82(3) of the Local Government Pension Scheme (Scotland) Regulations 2014(13) for “an income payment order or agreement under section 32(2) or (4A)” substitute “a debtor contribution order under section 32A or 32F”.

(1)

1980 c.44. Section 73B was inserted by the Teaching and Higher Education Act 1998 (c.30), section 29 and was relevantly amended by the 2007 Act, section 34. There are other amendments to section 73B not relevant to this Schedule.

(2)

2001 asp 13.

(3)

2005 asp 10.

(4)

S.I. 1998/1451, to which there are amendments not relevant to this Schedule.

(5)

S.I. 1998/1594, to which there are amendments not relevant to this Schedule.

(6)

S.S.I. 2003/344, to which there are amendments not relevant to this Schedule.

(7)

S.S.I. 2005/393, to which there are amendments not relevant to this Schedule.

(8)

S.S.I. 2006/333. Regulation 12 was relevantly amended by S.S.I. 2010/300. There are other amendments to S.S.I. 2006/333 which are not relevant to this Schedule.

(9)

S.S.I. 2007/154. Regulation 15 was relevantly amended by S.S.I. 2010/300. There are other amendments to S.S.I. 2007/154 which are not relevant to this Schedule.

(10)

S.S.I 2008/228, to which there are amendments not relevant to this Schedule.

(11)

S.S.I. 2008/235, to which there are amendments not relevant to this Schedule.

(12)

S.S.I. 2011/117, to which there are amendments not relevant to this Schedule.

(13)

S.S.I. 2014/164, to which there are amendments not relevant to this Schedule.