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The Bankruptcy (Scotland) Regulations 2016

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  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

  14. Explanatory Note

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