# The Bankruptcy and Debt Advice (Scotland) Act 2014 (Commencement No. 1 and Saving) Order 2014 S.S.I. 2014/172 · made 16 June 2014 This Order brings into force provisions of the Bankruptcy and Debt Advice (Scotland) Act 2014 (“the 2014 Act”). Made under: Bankruptcy and Debt Advice (Scotland) Act 2014 (repealed) (Section 57) PDFs: Printed copy https://openlegislation.uk/bankruptcy-and-debt-advice-scotland-act-2014-commencement-no-1-and-saving-order-2014/pdf/ssi_20140172_en.pdf; Policy Note https://openlegislation.uk/bankruptcy-and-debt-advice-scotland-act-2014-commencement-no-1-and-saving-order-2014/pdf/ssipn_20140172_en.pdf ## Introductory text 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 2014 and all other powers enabling them in that behalf. ## 1 Citation 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. ## 2 Day 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. ## 3 Saving: 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 2002, 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 advice For the purpose of making regulations, orders or rules of court Section 2 Financial education for debtor For the purpose of making regulations, orders or rules of court Section 3 Debtor’s contribution: common financial tool Section 4 Debtor contribution order For the purpose of making regulations, orders or rules of court Section 5 and schedule 1 Debtor application (sequestration where debtor has few assets) For the purpose of making regulations, orders or rules of court Section 7 Discharge, conditions etc. For the purpose of making regulations, orders or rules of court Section 9(1) Statement of undertakings For the purpose of making regulations, orders or rules of court Section 17 Discharge of debtor For the purpose of making regulations, orders or rules of court Section 19 Deferral of discharge where debtor cannot be traced For the purpose of making regulations, orders or rules of court Section 21 Assets discovered after trustee discharge: appointment of trustee For the purpose of making regulations, orders or rules of court Section 22 Register of insolvencies For the purpose of making regulations, orders or rules of court Section 23(1) Sederunt book: format For the purpose of making directions, regulations, orders or rules of court Section 23(3) Sederunt book: inspection For the purpose of making regulations, orders or rules of court Section 36 Regulations: applications to Accountant in Bankruptcy etc. Section 44 Representation of Accountant in Bankruptcy in Sheriff Court Section 46 Time limits for sequestration of limited partnership For the purpose of making regulations, orders or rules of court Section 48 Effect 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: amendments For the purpose of amendments insofar as brought into force by this Order. Section 53(2) and (4) Debt arrangement scheme: non-natural persons For the purpose of making regulations, orders or rules of court. Section 53(3) Debt arrangement scheme: remuneration Section 56 Minor and consequential amendments and repeals For the purpose of amendments insofar as brought into force by this Order. In schedule 3— (Minor and consequential amendments) (a) paragraph 1 Lay representation on discharge appeal (b) paragraph 2 Minor and consequential amendments of the Bankruptcy (Scotland) Act 1985 For the purpose of amendments insofar as brought into force by this Order. (c) paragraph 34 Regulations (d) paragraph 35(h) Interpretation: statement of undertakings (e) paragraph 38 Debt arrangement scheme: regulation procedure In schedule 4— (Repeals) (a) in relation to the Bankruptcy (Scotland) Act 1985— (i) the repeal of section 5B(5)(d) Regulations (ii) the repeal in section 72(1) Regulations (iii) the repeal of Schedule 5, paragraph 5(2)(aa) Regulations (b) the repeal in the Home Owner and Debtor Protection (Scotland) Act 2010 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. --- Source: https://www.legislation.gov.uk/ssi/2014/172 (the official version) Page: https://openlegislation.uk/bankruptcy-and-debt-advice-scotland-act-2014-commencement-no-1-and-saving-order-2014 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.