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The Bankruptcy and Debt Advice (Scotland) Act 2014 (Commencement No. 1 and Saving) Order 2014

S.S.I. 2014/172 · Made 16 June 2014

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Insolvency

Bankruptcy

Debt

Made 16th June 2014

Laid before the Scottish Parliament 18th June 2014

Coming into force 30th June 2014

The Scottish Ministers make the following Order in exercise of the power conferred by section 57(2) and (3) of the Bankruptcy and Debt Advice (Scotland) Act 2014f1 and all other powers enabling them in that behalf.

Annotations to the whole text

Footnotes

f1

2014 asp 11 (“the 2014 Act”). Section 8 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) allows the power to be exercised so as to appoint different days for different purposes.

Contents

  1. 1Citation and commencement
  2. 2Day appointed
  3. 3Saving: debt arrangement scheme
  4. Signature
  5. Schedule Schedule
  6. Explanatory note

1Citation and commencement

This Order may be cited as the Bankruptcy and Debt Advice (Scotland) Act 2014 (Commencement No. 1 and Saving) Order 2014 and comes into force on 30th June 2014.

2Day appointed

(1)

The day appointed for the coming into force of the provisions of the Bankruptcy and Debt Advice (Scotland) Act 2014 (“the 2014 Act”) specified in column 1 of the table in the Schedule to this Order (the subject matter of which is specified in column 2 of that table) is 30th June 2014.

(2)

Where a purpose is specified in column 3 of that table, a provision mentioned in column 1 comes into force in accordance with paragraph (1) only for that purpose.

3Saving: debt arrangement scheme

Section 53 of, and paragraph 38 of schedule 3 to, the 2014 Act as brought into force by this Order do not affect regulations made under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002f1, except to allow regulations to be made on or after 30th June 2014.

Signature

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

16th June 2014

Column 1

(provision of the Bankruptcy and Debt Advice (Scotland) Act 2014)

Column 2

(subject matter)

Column 3

(purpose)

Section 1(2)Sequestration of estate of living debtor - money adviceFor the purpose of making regulations, orders or rules of court
Section 2Financial education for debtorFor the purpose of making regulations, orders or rules of court
Section 3Debtor’s contribution: common financial tool
Section 4Debtor contribution orderFor the purpose of making regulations, orders or rules of court
Section 5 and schedule 1Debtor application (sequestration where debtor has few assets)For the purpose of making regulations, orders or rules of court
Section 7Discharge, conditions etc.For the purpose of making regulations, orders or rules of court
Section 9(1)Statement of undertakingsFor the purpose of making regulations, orders or rules of court
Section 17Discharge of debtorFor the purpose of making regulations, orders or rules of court
Section 19Deferral of discharge where debtor cannot be tracedFor the purpose of making regulations, orders or rules of court
Section 21Assets discovered after trustee discharge: appointment of trusteeFor the purpose of making regulations, orders or rules of court
Section 22Register of insolvenciesFor the purpose of making regulations, orders or rules of court
Section 23(1)Sederunt book: formatFor the purpose of making directions, regulations, orders or rules of court
Section 23(3)Sederunt book: inspectionFor the purpose of making regulations, orders or rules of court
Section 36Regulations: applications to Accountant in Bankruptcy etc.
Section 44Representation of Accountant in Bankruptcy in Sheriff Court
Section 46Time limits for sequestration of limited partnershipFor the purpose of making regulations, orders or rules of court
Section 48Effect of sequestration: renewal of period of inhibition etc.For the purpose of making regulations, orders or rules of court
Section 53(1)Debt arrangement scheme: amendmentsFor the purpose of amendments insofar as brought into force by this Order.
Section 53(2) and (4)Debt arrangement scheme: non-natural personsFor the purpose of making regulations, orders or rules of court.
Section 53(3)Debt arrangement scheme: remuneration
Section 56Minor and consequential amendments and repealsFor the purpose of amendments insofar as brought into force by this Order.
In schedule 3—(Minor and consequential amendments)
  1. (a)

    paragraph 1

Lay representation on discharge appeal
  1. (b)

    paragraph 2

Minor and consequential amendments of the Bankruptcy (Scotland) Act 1985f1For the purpose of amendments insofar as brought into force by this Order.
  1. (c)

    paragraph 34

Regulations
  1. (d)

    paragraph 35(h)

Interpretation: statement of undertakings
  1. (e)

    paragraph 38

Debt arrangement scheme: regulation procedure
In schedule 4—(Repeals)
  1. (a)

    in relation to the Bankruptcy (Scotland) Act 1985—

  1. (i)

    the repeal of section 5B(5)(d)f2

Regulations
  1. (ii)

    the repeal in section 72(1)

Regulations
  1. (iii)

    the repeal of Schedule 5, paragraph 5(2)(aa)f3

Regulations
  1. (b)

    the repeal in the Home Owner and Debtor Protection (Scotland) Act 2010f4

Regulations

Explanatory note

(This note is not part of the Order)

This Order brings into force provisions of the Bankruptcy and Debt Advice (Scotland) Act 2014 (“the 2014 Act”).

It commences from 30th June 2014 the provisions of the 2014 Act set out in the Schedule to this Order to allow subordinate legislation to be made under the Bankruptcy (Scotland) Act 1985, and the Debt Arrangement and Attachment (Scotland) Act 2002 (section 53 and paragraph 38 of schedule 3). It also commences from that date section 44 of the 2014 Act on representation of the Accountant in Bankruptcy in the Sheriff Court.

Article 3 makes saving provision for the avoidance of doubt so it is clear there is no effect on the operation of the debt arrangement scheme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 before new regulations are made to amend that scheme.

The 2014 Act received Royal Assent on 29th April 2014. Sections 54, 55, 57 and 58 came into force on the day after Royal Assent.