Scottish Statutory Instruments

2008 No. 45 (C. 5)

INSOLVENCY

BANKRUPTCY

The Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No. 2 and Saving) Order 2008

Made

18th February 2008

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 224(2) and 227(3) of the Bankruptcy and Diligence etc. (Scotland) Act 2007(1).

Citation

1. This Order may be cited as the Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No. 2 and Saving) Order 2008.

Appointed day in respect of protected trust deeds and regulation-making procedure

2. Sections 20 and 35 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 come into force on 19th February 2008.

Saving

3. Paragraphs 5 to 13 of Schedule 5 to the Bankruptcy (Scotland) Act 1985(2) are saved in relation to protected trust deeds granted before 1st April 2008.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

18th February 2008

Explanatory Note

(This note is not part of the Order)

This Order brings into force provisions of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (“the Act”) concerning protected trust deeds and regulation-making procedures modified by the Act.

The Act received Royal Assent on 15th January 2007. Sections 224, 225 and 227 of the Act came into force on Royal Assent and section 222 came into force on the day after Royal Assent.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

Provision	Date of Commencement	S.S.I. No.
s.211	8th March 2007	2007/82
s.212(1), (2) to (6) (partially)
s.221
s.223
s.36 (partially)	31st March 2007	2007/82
s.212(1), (8) to (16) (partially)
s.226(1) (partially)
sch. 1, para. 42(a)
sch. 5, para. 30(1), (5) to (8)(a), (10), (11)(a)(ii) and (b) and (15) (partially)

(1)

2007 asp 3 (“the 2007 Act”).

(2)

1985.c.66 (“the 1985 Act”); paragraphs 5 to 13 of Schedule 5 to the 1985 Act are substituted by section 20 of the 2007 Act.