Scottish Statutory Instruments

2018 No. 127

Insolvency

Bankruptcy

Debt

The Bankruptcy Fees (Scotland) Regulations 2018

Made

19th April 2018

Laid before the Scottish Parliament

20th April 2018

Coming into force

1st June 2018

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 69A and 72(1A) of the Bankruptcy (Scotland) Act 1985 M1 , sections 205 and 225(2) of the Bankruptcy (Scotland) Act 2016 M2 , and all other powers enabling them to do so.

Marginal Citations

M1 1985 c.66 (“the 1985 Act”). The 1985 Act was repealed by the Bankruptcy (Scotland) Act 2016 (asp 21; “the 2016 Act”), schedule 9, Part 1; by virtue of section 234(3) of the 2016 Act the powers to make amendments under which these Regulations are made are not affected by that repeal in so far as they relate to the operation of the 1985 Act in relation to sequestrations which were applied or petitioned for, or trust deeds executed before, 30th November 2016. Section 73(1) of the 1985 Act contains a definition of “prescribed” relevant to the powers under which these Regulations are made. Section 69A was inserted by section 8 of the Bankruptcy (Scotland) Act 1993 (c.6) and amended by S.I. 1999/1820. Section 72(1A) was inserted by the Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), schedule 3, paragraph 34(a). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

M2 2016 asp 21 (“the 2016 Act”). Section 228(2) of the 2016 Act contains a definition of “prescribed” relevant to the exercise of the powers under which these Regulations are made.