The Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No. 4, Savings and Transitionals) Order 2009

Citation

1.  This Order may be cited as the Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No. 4, Savings and Transitionals) Order 2009.

Interpretation

2.  In this Order–

“the Act” means the Bankruptcy and Diligence etc. (Scotland) Act 2007; and

“the 1987 Act” means the Debtors (Scotland) Act 1987(1).

Appointed day in respect of provisions of the Act

3.—(1) The following provisions of the Act, in so far as not already in force, come into force on 22nd April 2009:–

(a) Part 5 (inhibition), except for section 165(2) (inhibition expenses only recoverable by land attachment or residual attachment);

(b) Part 10 (arrestment in execution and action of furthcoming), except for the insertion of section 73D (debt advice and information) into the 1987 Act;

(c) section 169 (diligence on the dependence) in so far as it inserts section 15H(4) (protecting minimum balance for arrestment on dependence) of the 1987 Act; and

(d) section 226(1) and (2) in so far as relating to the provisions of schedules 5 and 6 (minor and consequential amendments and repeals) commenced by this Order.

(2) The minor and consequential amendments and repeals in schedule 5 and Part 1 of schedule 6 respectively specified in column 1 of Schedules 1 and 2 to this Order, in so far as not already in force, come into force on 22nd April 2009, subject to paragraph (3).

(3) Where in Schedule 1 or 2 to this Order a purpose is specified in column 2 of the Schedule in relation to an amendment or repeal, it comes into force only for that purpose, but where no purpose is specified it comes into force for all purposes, in so far as not already in force.

Transitional modification of the Act – references to “judicial officer”

4.—(1) Any reference to a “judicial officer” in, or having effect by virtue of, any provision of the Act commenced by this Order is to be read as a reference to a messenger-at-arms or a sheriff officer (or a reference to a messenger-at-arms and a sheriff officer as the case may be).

(2) This article ceases to have effect on the day to be appointed for the coming into force of section 60 of the Act (abolition of offices of messenger-at-arms and sheriff officer).

Transitional modification of the Act – references to the Registers of Inhibitions

5.—(1) Any reference to “the Register of Inhibitions” in, or having effect by virtue of, any provision of the Act commenced by this Order is to be read as a reference to the Register of Inhibitions and Adjudications.

(2) This article ceases to have effect on the day to be appointed for the coming into force of section 80 of the Act (renaming of the Register of Inhibitions and Adjudications).

Inhibition and arrestment – execution before 22nd April 2009

6.  Nothing in any provision brought into force by this Order has effect as regards an inhibition or arrestment executed before 22nd April 2009, unless–

(a) the inhibition was on the dependence of an action and it converts to an inhibition in execution on or after 22nd April 2009; or

(b) the arrestment was on the dependence of an action and the creditor obtains a final decree in that action (within the meaning of Part 3A of the 1987 Act(2)) on or after 22nd April 2009.

Diligence against earnings – intimation of arrestment schedule and provision of information – schedule or order before 1st April 2008 – transitional arrangements

7.  For article 12(2)(b) and (c) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No. 3, Savings and Transitionals) Order 2008(3), substitute–

“(b) in sending the information under paragraph (a) above, the pay-day for the purposes of section 70A(3)(b) is the date of the debtor’s pay-day next following 6 October 2008; and

(c) the information mentioned in section 70A(3) is also required to be sent as soon as reasonably practicable after–

(i) 6 April 2009; and

(ii) each 6 April thereafter,

and those dates shall apply for the purposes of subsection (3)(b)(ii).”.

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

23rd February 2009