Search Legislation

Advanced Search

The Bankruptcy (Scotland) Regulations 2016

Changes to legislation:

There are currently no known outstanding effects for the The Bankruptcy (Scotland) Regulations 2016. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

  1. Introductory Text

  2. 1.Citation and commencement

  3. 2.Interpretation

  4. 3.Forms

  5. PART 1 Money advisers

    1. 4.Approved categories of money advisers

    2. 5.Persons who may not be approved money advisers

    3. 6.Other matters on which a debtor must obtain advice

    4. 7.Money advice on debtor applications: procedure on evidence and information

    5. 8.Certificate for sequestration: form and manner

    6. 9.Certificate for sequestration: fee

    7. 10.Certificate for sequestration: prescribed period

  6. PART 2 Sequestration process

    1. 11.Debt advice and information package

    2. 12.Debtor applications

    3. 13.“Minimal Asset Process” debtors to whom section 2(2) of Act applies: prescribed payments

    4. 14.“Minimal Asset Process” debtors to whom section 2(2) of Act applies: total assets

  7. PART 3 Debtor's contribution

    1. 15.116Common financial tool

    2. 16.Common financial tool: contingency allowance

    3. 17.Common financial tool: supporting statements and evidence

    4. 18.Money Advice Trust licence requirements: report

    5. 19.Debtor contribution orders

    6. 20.Deduction from debtor's earnings and other income

  8. PART 4 Administration of sequestration

    1. 21.Claims in foreign currency

    2. 22.Conversion of foreign currency claims

    3. 23.Trustee resignation application

    4. 24.Abandonment of heritable property by trustee

    5. 25.Financial education

    6. 26.Interest on claims in sequestration

    7. 27.Certificate of deferral of debtor's discharge

    8. 28.Premium of bond of caution

  9. PART 5 Moratorium on diligence

    1. 29.Moratorium on diligence: notice of intention to apply

  10. PART 6 Register of Insolvencies

    1. 30.Register of Insolvencies

  11. PART 7 Limited partnerships

    1. 31.Application of Bankruptcy (Scotland) Act 2016 to limited partnerships

  12. PART 8 Revocations and sequestrations and trust deeds before 30th November 2016

    1. 32.Revocations

    2. 33.Sequestrations and trust deeds before 30th November 2016

    3. 34.Moratorium on diligence: notice of intention to apply under Bankruptcy (Scotland) Act 2016

  13. Signature

    1. SCHEDULE 1

      FORMS

      1. LIST OF FORMS TO BE USED

    2. SCHEDULE 2

      REGISTER OF INSOLVENCIES

      1. A. Sequestrations Name of debtor Debtor's date of birth (where...

      2. B. Protected trust deeds for creditors Name and address of...

      3. C. Bankruptcy Restrictions Orders, Interim Bankruptcy Restrictions Orders and Bankruptcy...

      4. D. Moratorium Notice of intention to apply – moratorium on...

      5. E. Winding up and receivership of business associations Company number...

    3. SCHEDULE 3

      REVOCATIONS

  15. Explanatory Note

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: