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Bankruptcy (Scotland) Act 2016
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Changes to legislation:
Bankruptcy (Scotland) Act 2016, Section 94 is up to date with all changes known to be in force on or before 08 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 94:
- s. 31(5)(a) inserted by 2024 asp 9 s. 4(3)(c)(i)
- s. 31(5)(b) inserted by 2024 asp 9 s. 4(3)(c)(ii)
- s. 32(4)(b)(i)(ii) and words substituted for words by 2024 asp 9 s. 5(3)(a)
- s. 33(1)(aa) inserted by 2024 asp 9 s. 4(5)(b)
- s. 34(A1) inserted by 2024 asp 9 s. 4(6)(a)
- s. 34(1)(a)(i)(ii) and words substituted for words by 2024 asp 9 s. 5(4)
- s. 34(1A) inserted by 2024 asp 9 s. 4(6)(b)
- s. 35(2)(a)(b) inserted by 2024 asp 9 s. 4(7)(b)
- s. 35(2A)(2B) inserted by 2024 asp 9 s. 4(7)(c)
- s. 35(6)(a)(i)(ii) and words substituted for words by 2024 asp 9 s. 5(5)(b)
- s. 35(6A)-(6C) inserted by 2024 asp 9 s. 4(7)(e)
- s. 37A inserted by 2024 asp 9 s. 5(6)
- s. 78(2)(a) words in s. 78(2) renumbered as s. 78(2)(a) by 2019 asp 4 s. 7(2)(a)
- s. 78(2)(b) and word inserted by 2019 asp 4 s. 7(2)(b)
- s. 147A-147C and cross-heading inserted by 2024 asp 9 s. 12(2)
- s. 214(2)(qa) inserted by 2024 asp 9 s. 12(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 31(5)(a) inserted by 2024 asp 9 s. 4(3)(c)(i)
- s. 31(5)(b) inserted by 2024 asp 9 s. 4(3)(c)(ii)
- s. 32(4)(b)(i)(ii) and words substituted for words by 2024 asp 9 s. 5(3)(a)
- s. 33(1)(aa) inserted by 2024 asp 9 s. 4(5)(b)
- s. 34(A1) inserted by 2024 asp 9 s. 4(6)(a)
- s. 34(1)(a)(i)(ii) and words substituted for words by 2024 asp 9 s. 5(4)
- s. 34(1A) inserted by 2024 asp 9 s. 4(6)(b)
- s. 35(2)(a)(b) inserted by 2024 asp 9 s. 4(7)(b)
- s. 35(2A)(2B) inserted by 2024 asp 9 s. 4(7)(c)
- s. 35(6)(a)(i)(ii) and words substituted for words by 2024 asp 9 s. 5(5)(b)
- s. 35(6A)-(6C) inserted by 2024 asp 9 s. 4(7)(e)
- s. 37A inserted by 2024 asp 9 s. 5(6)
- s. 78(2)(a) words in s. 78(2) renumbered as s. 78(2)(a) by 2019 asp 4 s. 7(2)(a)
- s. 78(2)(b) and word inserted by 2019 asp 4 s. 7(2)(b)
- s. 147A-147C and cross-heading inserted by 2024 asp 9 s. 12(2)
- s. 214(2)(qa) inserted by 2024 asp 9 s. 12(3)
94Deductions from debtor's earnings and other incomeS
(1)Subsections (2) to (6) apply where, under a debtor contribution order—
(a)the debtor is required to pay to the trustee an amount from the debtor's earnings or other income, or
(b)in accordance with section 90(6), a third person is required to pay to the trustee money otherwise due to the debtor by way of income.
(2)The debtor must give the person mentioned in subsection (3) an instruction to make—
(a)deductions of specified amounts from the debtor's earnings or other income, and
(b)payments to the trustee of the amounts so deducted.
(3)The person—
(a)in the case of an amount to be paid from the debtor's earnings from employment, is the person by whom the debtor is employed,
(b)in the case of an amount to be paid from other earnings or income of the debtor, is a third person who is required to pay the earnings or income to the debtor, and
(c)in the case mentioned in subsection (1)(b), is the third person who is required to pay the income to the trustee.
(4)The trustee may give the person mentioned in subsection (3) an instruction of the type mentioned in subsection (2) if the debtor fails—
(a)to comply with the requirements imposed by that subsection, and
(b)to pay the debtor's contribution in respect of 2 payment intervals applying by virtue of the debtor contribution order.
(5)A person mentioned in subsection (3) must comply with an instruction provided in accordance with subsection (2) or (4).
(6)Where the person by whom the debtor is employed or another third person pays a sum of money to the trustee in accordance with this section, that person is discharged from any liability to the debtor to the extent of the sum so paid.
(7)The Scottish Ministers may by regulations make provision about instructions to be provided under this section, including in particular—
(a)the form in which an instruction must be made,
(b)the manner in which an instruction provided in accordance with subsection (2) or (4) affects the recipient of that instruction, and
(c)the consequence of any failure of a recipient of an instruction provided in accordance with subsection (2) or (4) to comply with the duty imposed by subsection (5).
Commencement Information
I1S. 94 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2
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