The Insolvency (EU Exit) (Scotland) (Amendment) Regulations 2019 No. 94

PART 2 S Amendments to secondary legislation

Amendment of the Bankruptcy Fees (Scotland) Regulations 2018 S

5.—(1) The Bankruptcy Fees (Scotland) Regulations 2018 M1 are amended as follows.

(2) In regulation 2 omit the definition of “member State insolvency practitioner”.

(3) In Part 2 of the Table of Fees in the schedule (fees for other functions of the Accountant in Bankruptcy) omit item 21 (fee for conversion of a trust deed into sequestration).

Commencement Information

I1 Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 S.S.I. 2018/127. A relevant amendment has been made by S.S.I. 2017/210.

Amendment of the Public Services Reform (Insolvency) (Scotland) Order 2016 S

6.  In the Public Services Reform (Insolvency) (Scotland) Order 2016 M2 omit article 15(6)(b) and the word “or” immediately preceding it.

Commencement Information

I2 Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M2 S.S.I. 2016/141. A relevant amendment has been made by S.S.I. 2017/210.

Amendment of the Bankruptcy (Scotland) Regulations 2016 S

7.—(1) The Bankruptcy (Scotland) Regulations 2016 M3 are amended as follows.

(2) In schedule 1 (forms), in form 11 (statement of claim by creditor) omit note 4 (particulars of each debt: claim by Member State liquidator).

(3) In schedule 2 (register of insolvencies), section B (protected trust deeds for creditors)—

(a) after “Regulation (EU) 2015/848” insert “ (as it forms part of domestic law on and after exit day) ”, and

(b) omit from “unless the granter” to “within the meaning of the said EU Regulation”.

Commencement Information

I3 Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M3 S.S.I. 2016/397. Relevant amendments have been made by S.S.I. 2017/210.

Amendment of the Bankruptcy (Applications and Decisions) (Scotland) Regulations 2016 S

8.—(1) The Bankruptcy (Applications and Decisions) (Scotland) Regulations 2016 M4 are amended as follows.

(2) Omit regulation 17 (conversion of protected trust deed into bankruptcy).

(3) In the schedule, omit forms 6 (conversion of protected trust deed into bankruptcy: section 190 application) and 7 (conversion of protected trust deed into bankruptcy: section 192 award).

Commencement Information

I4 Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M4 S.S.I. 2016/295. Relevant amendments have been made by S.S.I. 2017/210.

Saving S

9.—F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The amendments made by regulations 2 to 8 do not apply [F2 in respect of any insolvency proceedings and actions falling within Article 67(3)(c) of the withdrawal agreement].

F3 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 9(1)(a) omitted (31.12.2020 immediately before IP completion day) by virtue of The Insolvency (Amendment) (EU Exit) (Scotland) Regulations 2020 (S.S.I. 2020/337), regs. 1, 2(2)(a)

F2 Words in reg. 9(2) substituted (31.12.2020 immediately before IP completion day) by The Insolvency (Amendment) (EU Exit) (Scotland) Regulations 2020 (S.S.I. 2020/337), regs. 1, 2(2)(b)

F3 Reg. 9(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Insolvency (Amendment) (EU Exit) (Scotland) Regulations 2020 (S.S.I. 2020/337), regs. 1, 2(2)(c)

Commencement Information

I5 Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1