The Debt Arrangement Scheme (Scotland) Amendment Regulations 2013

Minor amendments and revocations

19.—(1) In regulation 18(1) (debt arrangement scheme register), insert “public” before “register”.

(2) In regulation 46(2) (notice of completion), for “mandate” substitute “instruction”.

(3) In the Bankruptcy (Scotland) Act 1985(1)—

(a) in section 7 (meaning of apparent insolvency) omit the subsection (1)(c)(vii) inserted by regulation 46 of the Debt Arrangement Scheme (Scotland) Regulations 2004(2); and

(b) in section 14 (registration of warrant or determination of debtor application)(3), omit the subsection (1)(c) inserted by paragraph 1 of Schedule 3 to those Regulations(4).

(1)

1985 c.66. Section 7 was repealed in part by the Drug Trafficking Act 1994 (c.37) (“the 1994 Act”), Schedule 3, and the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40) (“the 1995 Act”), Schedule 5, and amended by the 1994 Act, Schedule 1, paragraph 10(2), the Criminal Justice (Scotland) Act 1995 (c.20), Schedule 6, paragraph 185(3), the 1995 Act, Schedule 4, paragraph 58(3), the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), schedule 3, paragraph 15(2), and the Proceeds of Crime Act 2002 (c.29), Schedule 11, paragraph 15(3). Subsection (1)(c) was also repealed in part, and sub-paragraph (iv) prospectively repealed, by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (“the 2007 Act”), schedule 6, Part 1 (see SSI 2008/115) and S.S.I. 2004/468 and 2011/141 (“the DAS Regulations”).

(2)

S.S.I. 2004/468 (revoked). A section 7(1)(c)(vii) in similar terms was inserted by Schedule 2 to the DAS Regulations.

(3)

Section 14 (and the heading to that section) was amended by the Bankruptcy (Scotland) Act 1993 (c.6), Schedule 1, paragraph 3, the 2007 Act, schedule 1, paragraph 12 and S.S.I. 2004/468 and the DAS Regulations.

(4)

S.S.I. 2004/468 (revoked). A section 14(1)(c) in similar terms was inserted by Schedule 2 to the DAS Regulations.