The Bankruptcy and Protected Trust Deeds (Miscellaneous Amendments) (Scotland) Regulations 2017

Amendment of the Bankruptcy (Scotland) Regulations 2016

2.—(1) The Bankruptcy (Scotland) Regulations 2016(1) are amended as follows.

(2) For regulation 22 (conversion of foreign currency claims) substitute—

“22.   For the purposes of sections 48(1)(a) and 126(5) of the Act, the manner of conversion into sterling of the amount of a claim stated in foreign currency is to be at a single exchange rate for that currency determined by the trustee with reference to the exchange rates prevailing at the close of business on the date of sequestration(2).”.

(3) In schedule 1 (forms)—

(a) in Form 1 (debtor application), in the Statement of Undertakings, in undertaking 2, for “award” substitute “application”;

(b) in Form 13 (Statement of Undertakings), after “that” in the third line of undertaking 11, insert “date”;

(c) in Form 26 (debtor certificate of discharge (where the Accountant in Bankruptcy is the trustee))—

(i) for the title to the notes, for “Debtor certificate of discharge” substitute “Debtor certificate of discharge (where the Accountant in Bankruptcy is the trustee)”; and

(ii) in the notes at the third bullet point of (1), for “district court” substitute “justice of the peace court (or a district court)”; and

(d) in Form 27 (Debtor Certificate of Discharge (debtor to whom section 2(2) applies)), for “1985 (as amended)” substitute “2016”.

(1)

S.S.I. 2016/397.

(2)

Regulation 22 re-enacts, with modifications, regulation 11 of the Bankruptcy (Scotland) Regulations 2014 (S.S.I. 2014/225) and original regulation 22 of these Regulations to correct an error in that provision.