Bankruptcy and Diligence etc. (Scotland) Act 2007
2007 asp 3 · Enacted 15 January 2007 · Extends to Scotland
C1An Act of the Scottish Parliament to amend the law of sequestration and personal insolvency; to amend the law about floating charges; to establish a Scottish Civil Enforcement Commission and replace officers of court with judicial officers; to amend the law of diligence; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 30th November 2006 and received Royal Assent on 15th January 2007C2C3C4C5
Annotations to the whole text
Modifications
- C1
Act modified (21.2.2009) by The Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009 (S.I. 2009/317), art. 3, Sch.
- C2
Act applied (with modifications) (8.2.2011) by The Investment Bank Special Administration Regulations 2011 (S.I. 2011/245), reg. 1, Sch. 6 Pt. 1 (with reg. 27(a))
- C3
Act modified (6.4.2011) by Financial Markets and Insolvency (Settlement Finality and Financial Collateral Arrangements) (Amendment) Regulations 2010 (S.I. 2010/2993), reg. 5
- C4
Act applied (with modifications) (31.12.2020) by The International Recovery of Maintenance (Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance 2007) (EU Exit) Regulations 2018 (S.I. 2018/1125), regs. 1, 8; 2020 c. 1, Sch. 5 para. 1(1)
- C5
Act applied (with modifications) (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), reg. 2, Sch. 3 paras. 2, 3 (with reg. 5) (as amended (4.1.2024) by S.I. 2023/1399, regs. 1(2), 4, 21(4))
Contents
- Part 1: Bankruptcy
- Duration of bankruptcy
- 1Discharge of debtor Repealed
- Bankruptcy restrictions orders and undertakings
- 2Bankruptcy restrictions orders and undertakings Repealed
- Effect of bankruptcy restrictions orders and undertakings
- 3Disqualification from being appointed as receiver
- 4Disqualification for nomination, election and holding office as member of local authority
- 5Orders relating to disqualification Repealed
- The trustee in the sequestration
- 6Amalgamation of offices of interim trustee and permanent trustee Repealed
- 7Repeal of trustee's residence requirement Repealed
- 8Duties of trustee Repealed
- 9Grounds for resignation or removal of trustee Repealed
- 10Termination of interim trustee's functions Repealed
- 11Statutory meeting and election of trustee Repealed
- 12Replacement of trustee acting in more than one sequestration Repealed
- 13Requirement to hold money in interest bearing account Repealed
- Debtor applications
- 14Debtor applications Repealed
- 15Debtor applications by low income, low asset debtors Repealed
- Jurisdiction
- 16Sequestration proceedings to be competent only before sheriff Repealed
- Vesting of estate and dealings of debtor
- 17Vesting of estate and dealings of debtor Repealed
- Income received by debtor after sequestration
- 18Income received by debtor after sequestration Repealed
- Debtor's home and other heritable property
- 19Debtor's home and other heritable property Repealed
- Protected trust deeds
- 20Modification of provisions relating to protected trust deeds Repealed
- ...
- 21Modification of composition procedure Repealed
- Status and powers of Accountant in Bankruptcy
- 22Status of Accountant in Bankruptcy as officer of the court Repealed
- 23Accountant in Bankruptcy's power to investigate trustees under protected trust deeds Repealed
- Offences
- 24Modification of offences under section 67 of the 1985 Act Repealed
- Miscellaneous and general
- 25Debt limits in sequestrations Repealed
- 26Creditor to provide debt advice and information package Repealed
- 27Continuation of sequestration proceedings Repealed
- 28Abolition of summary administration Repealed
- 29Non-vested contingent interest reinvested in debtor Repealed
- 30Debtor's requirement to give account of state of affairs Repealed
- 31Restriction of debtor's right to appeal under sections 49(6) and 53(6) of the 1985 Act Repealed
- 32Status of order on petition to convert protected trust deed into sequestration Repealed
- 33Power to provide for lay representation in sequestration proceedings
- 34Treatment of student loans on sequestration
- 35Certain regulations under the 1985 Act: procedure Repealed
- 36Minor and consequential amendments of the 1985 Act Repealed
- Part 2: Floating charges
- Registration and creation etc.
- 37Register of Floating Charges
- 38Creation of floating charges Not yet in force
- 39Advance notice of floating charges Not yet in force
- 40Ranking of floating charges Not yet in force
- 41Ranking clauses Not yet in force
- 42Assignation of floating charges Not yet in force
- 43Alteration of floating charges Not yet in force
- 44Discharge of floating charges Not yet in force
- 45Effect of floating charges on winding up Not yet in force
- 46Repeals, savings and transitional arrangements Not yet in force
- 47Interpretation Not yet in force
- Related further provision Not yet in force
- 48Formalities as to documents Not yet in force
- 49Industrial and provident societies Not yet in force
- Part 3: Officers of court
- Scottish Civil Enforcement Commission
- 50Scottish Civil Enforcement Commission Repealed
- Advisory Council on Messengers-at-Arms and Sheriff Officers
- 51Advisory Council's annual report
- 52Publication of guidance and other information Not yet in force
- 53Published information not to enable identification
- 54Register of judicial officers Not yet in force
- 55Code of practice Not yet in force
- 56Publication of information relating to informal debt collection Not yet in force
- Judicial officers
- 57Judicial officers Not yet in force
- 58Appointment of judicial officer Repealed
- 59Annual fee Not yet in force
- Abolition of offices of messenger-at-arms and sheriff officer Not yet in force
- 60Abolition of offices of messenger-at-arms and sheriff officer Not yet in force
- Regulation of officers of court
- 61Regulation of officers of court
- 62Duty to notify Lord President and sheriff principal of bankruptcy etc.
- Officers of court's professional association
- 63Officers of court's professional association
- 63ACode of practice
- 64Duty of professional association to forward complaints ...
- 65Information from professional association
- Annual fee for officers of court
- 65AAnnual fee
- Investigation of officers of court
- 66Inspection of officer of court
- 67Investigation of alleged misconduct by judicial officer Not yet in force
- 68Suspension of judicial officer pending outcome of disciplinary or criminal proceedings Not yet in force
- 69Commission's duty in relation to offences or misconduct by judicial officer Not yet in force
- 70Commission's power in relation to judicial officer's bankruptcy etc. Not yet in force
- Disciplinary proceedings Not yet in force
- 71Referrals to the disciplinary committee Not yet in force
- 72Disciplinary committee's powers Not yet in force
- 73Orders under sections 68 and 72: supplementary provision Not yet in force
- Appeals Not yet in force
- 74Appeals from decisions under sections 58, 68 and 72 Not yet in force
- Miscellaneous
- 75Officer of court's actions void where officer has interest
- 76Measure of damages payable by judicial officer for negligence or other fault Not yet in force
- 77Effect of code of practice
- 78Electronic publications and communications
- Part 4: Land attachment and residual attachment
- Chapter 1: Abolition of adjudication for debt Not yet in force
- 79Abolition of adjudication for debt Not yet in force
- 80Renaming of the Register of Inhibitions and Adjudications Not yet in force
- Chapter 2: Attachment of land
- Land attachment
- 81Land attachment
- 82Attachable land Not yet in force
- 83Notice of land attachment
- Consequences of land attachment
- 84Debts secured by land attachment not rendered heritable Not yet in force
- 85Restriction on priority of ranking of certain securities Not yet in force
- 86Lease granted after registration of notice of land attachment Not yet in force
- 87Assignation of title deeds etc. Not yet in force
- 88Acquisition of right to execute land attachment
- 89Effect of debtor's death before land attachment created Not yet in force
- 90Effect of debtor's death after land attachment created Not yet in force
- 91Caveat by purchaser under missives
- Preparations for sale of attached land
- 92Application for warrant to sell attached land
- 93Notice to local authority of application for warrant for sale Not yet in force
- 94Preliminary hearing on application for warrant to sell Not yet in force
- 95Valuation report Not yet in force
- 96Creditor's duties prior to full hearing on application for warrant for sale
- 97Full hearing on application for warrant for sale
- 98Application for warrant for sale of sole or main residence
- 99Protection of purchaser under contract where creditor applies for warrant for sale Not yet in force
- 100Protection of purchaser under contract where warrant for sale granted Not yet in force
- 101Provision supplementary to sections 99 and 100 Not yet in force
- 102Warrant for sale of attached land owned in common Not yet in force
- 103Intimation of sheriff's decision at full hearing Not yet in force
- 104Supplementary orders as respects sale Not yet in force
- 105Effect of certain refusals of application for warrant for sale under section 97(5) Not yet in force
- 106Termination of debtor's right to occupy land
- 107Consequences of giving notice under section 106(1) Not yet in force
- The sale
- 108Appointed person
- 109Method of sale Not yet in force
- 110Legal incapacity or disability of debtor not to affect title of purchaser Not yet in force
- 111Title of purchaser not to be affected by certain irregularities
- 112Effect of registration of disposition on securities Not yet in force
- 113Report of sale
- 114Audit of report of sale
- 115Sheriff's consideration of report Not yet in force
- 116Proceeds of sale Not yet in force
- Foreclosure
- 117Foreclosure
- 118Registration of decree of foreclosure Not yet in force
- Payments to account and expenses
- 119Ascription Not yet in force
- 120Expenses of land attachment
- Termination, discharge etc. of land attachment
- 121Termination by payment etc. Not yet in force
- 122Discharge Not yet in force
- 123Recall and restriction of land attachment
- 124Duration of land attachment
- Land attachment subsequent to reduction of deed granted in breach of inhibition Not yet in force
- 125Land attachment subsequent to reduction of deed granted in breach of inhibition Not yet in force
- General and miscellaneous
- 126Land attachment as heritable security Not yet in force
- 127Statement on impact of land attachment Not yet in force
- 127AAmendment of Bankruptcy (Scotland) Act 2016
- 128Interpretation
- Chapter 3: Residual attachment
- Residual attachment
- 129Residual attachment
- Application for residual attachment order
- 130Application for residual attachment order
- 131Effect of application for residual attachment order Not yet in force
- Residual attachment order
- 132Residual attachment order Not yet in force
- 133Schedule of residual attachment
- 134Creation and effect of residual attachment Not yet in force
- Satisfaction order
- 135Application for satisfaction order
- 136Satisfaction order Not yet in force
- 137Intimation of court's decision Not yet in force
- 138Effect of certain refusals of application for satisfaction order Not yet in force
- Termination, discharge etc. of residual attachment
- 139Termination by payment etc. Not yet in force
- 140Recall
- 141Duration of residual attachment Not yet in force
- 142Effect of death of debtor Not yet in force
- General and miscellaneous
- 143Expenses of residual attachment
- 144Ascription Not yet in force
- 145Interpretation
- Part 5: Inhibition
- Creation
- 146Certain decrees and documents of debt to authorise inhibition without need for letters of inhibition
- 147Provision of debt advice and information package when executing inhibition
- 148Registration of inhibition
- 148ARegister of Inhibitions: electronic signature of documents
- 149Date on which inhibition takes effect
- Effect
- 150Property affected by inhibition
- 151Effect on inhibition to enforce obligation when alternative decree granted
- 152Effect of conversion of limited inhibition on the dependence to inhibition in execution
- 153Property affected by inhibition to enforce obligation to convey heritable property
- 154Inhibition not to confer a preference in ranking
- 155Power of receiver or liquidator in creditors' voluntary winding up to dispose of property affected by inhibition
- Termination
- 156Termination of effect of inhibition
- 157Inhibition terminated by payment of full amount owing
- 158Inhibition terminated by compliance with obligation to perform
- 159Termination of inhibition when property acquired by third party
- Breach
- 160Breach of inhibition
- 161Prescription of right to reduce transactions in breach of inhibition
- 162Registration of notice of litigiosity and discharge of notice
- 163Reduction of lease granted in breach of inhibition
- General and miscellaneous
- 164Power to prescribe forms in the 1868 Act
- 165Expenses of inhibition
- 166Ascription
- 167Keeper's duty to enter inhibition on title sheet
- 168Inhibition effective against judicial factor
- Part 6: Diligence on the dependence
- 169Diligence on the dependence
- 170Prescription of arrestment
- 171Abolition of letters of loosing
- 172Abolition of adjudication in security Not yet in force
- Part 7: Interim attachment
- 173Interim attachment
- Part 8: Attachment of money
- Money attachment
- 174Money attachment
- 175Meaning of “money” and related expressions
- 176When money attachment not competent
- Execution of money attachment
- 177Removal of money attached
- 178Presumption of ownership
- 179Schedule of money attachment
- 180Valuation of banking instruments
- 181Order for realisation of money likely to deteriorate in value
- 182Report of money attachment
- Release of money attached
- 183Creditor's application for payment order
- 184Effect of payment order
- 185Release of money where attachment unduly harsh
- 186Invalidity and cessation of money attachment
- 187Termination of money attachment
- 188Redemption of banking instrument
- Statement of money attachment
- 189Final statement of money attachment
- 190Audit of final statement under section 189(1)
- General and miscellaneous
- 191Money in common ownership
- 192Procedure where money owned in common is disposed of
- 193Unlawful acts after money attachment
- 194Appeals
- 195Recovery from debtor of expenses of money attachment
- 196Liability for expenses of money attachment
- 197Ascription
- 198Interpretation
- Part 9: Diligence against earnings
- 199Simultaneous operation of arrestments against earnings where net earnings insufficient
- 200Arrestment of earnings: deductions from holiday pay
- 201Provision of debt advice and information package
- 202Intimation of arrestment schedule
- 203Provision of information
- 204Conjoined arrestment orders: jurisdiction
- 205Arrestment of seamen's wages
- Part 10: Arrestment in execution and action of furthcoming
- 206Arrestment in execution
- Part 11: Maills and duties, sequestration for rent and landlord's hypothec
- Abolition of maills and duties Not yet in force
- 207Abolition of maills and duties Not yet in force
- Landlord's hypothec and sequestration for rent
- 208Abolition of sequestration for rent and restriction of landlord's hypothec
- Part 12: Summary warrants, time to pay and charges to pay
- 209Summary warrants, time to pay and charges to pay
- 210Time to pay directions and time to pay orders
- Part 13: Amendments of the Debt Arrangement and Attachment (Scotland) Act 2002
- 211Debt payment programmes with debt relief
- 212Further amendments of the Debt Arrangement and Attachment (Scotland) Act 2002
- Part 14: Admiralty actions and arrestment of ships
- 213Admiralty actions and the arrestment of ships: modification of enactments
- Part 15: Actions for removing from heritable property
- 214Expressions used in this Part
- 215Procedure for execution of removing
- 216Service of charge before removing
- 217When removing not competent
- 218Preservation of property left in premises
- 219Caution for pecuniary claims
- Part 16: Disclosure of information
- 220Information disclosure
- Part 17: General and miscellaneous
- 221Interpretation
- Execution of diligence: electronic standard securities
- 222Registration and execution of electronic standard securities
- General
- 223Crown application
- 224Orders and regulations
- 225Ancillary provision
- 226Minor and consequential amendments and repeals
- 227Short title and commencement
- Schedule 1: Minor and consequential amendments of the 1985 Act Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- 14Paragraph 14 Repealed
- 15Paragraph 15 Repealed
- 16Paragraph 16 Repealed
- 17Paragraph 17 Repealed
- 18Paragraph 18 Repealed
- 19Paragraph 19 Repealed
- 20Paragraph 20 Repealed
- 21Paragraph 21 Repealed
- 22Paragraph 22 Repealed
- 23Paragraph 23 Repealed
- 24Paragraph 24 Repealed
- 25Paragraph 25 Repealed
- 26Paragraph 26 Repealed
- 27Paragraph 27 Repealed
- 28Paragraph 28 Repealed
- 29Paragraph 29 Repealed
- 30Paragraph 30 Repealed
- 31Paragraph 31 Repealed
- 32Paragraph 32 Repealed
- 33Paragraph 33 Repealed
- 34Paragraph 34 Repealed
- 35Paragraph 35 Repealed
- 36Paragraph 36 Repealed
- 37Paragraph 37 Repealed
- 38Paragraph 38 Repealed
- 39Paragraph 39 Repealed
- 40Paragraph 40 Repealed
- 41Paragraph 41 Repealed
- 42Paragraph 42 Repealed
- 43Paragraph 43 Repealed
- 44Paragraph 44 Repealed
- 45Paragraph 45 Repealed
- 46Paragraph 46 Repealed
- 47Paragraph 47 Repealed
- 48Paragraph 48 Repealed
- 49Paragraph 49 Repealed
- 50Paragraph 50 Repealed
- 51Paragraph 51 Repealed
- 52Paragraph 52 Repealed
- 53Paragraph 53 Repealed
- 54Paragraph 54 Repealed
- 55Paragraph 55 Repealed
- 56Paragraph 56 Repealed
- 57Paragraph 57 Repealed
- 58Paragraph 58 Repealed
- 59Paragraph 59 Repealed
- 60Paragraph 60 Repealed
- 61Paragraph 61 Repealed
- 62Paragraph 62 Repealed
- Schedule 2: The Scottish Civil Enforcement Commission
- Status Not yet in force
- 1Paragraph 1 Not yet in force
- Membership Not yet in force
- 2Paragraph 2 Not yet in force
- 3Paragraph 3 Not yet in force
- Tenure of office Not yet in force
- 4Paragraph 4 Not yet in force
- 5Paragraph 5 Not yet in force
- 6Paragraph 6 Not yet in force
- 7Paragraph 7 Not yet in force
- 8Paragraph 8 Not yet in force
- 9Paragraph 9 Not yet in force
- 10Paragraph 10 Not yet in force
- 11Paragraph 11 Not yet in force
- 12Paragraph 12 Not yet in force
- Filling vacancies Not yet in force
- 13Paragraph 13 Not yet in force
- 14Paragraph 14 Not yet in force
- Chairperson Not yet in force
- 15Paragraph 15 Not yet in force
- Disciplinary Committee Not yet in force
- 16Paragraph 16 Not yet in force
- Remuneration Not yet in force
- 17Paragraph 17 Not yet in force
- General powers Not yet in force
- 18Paragraph 18 Not yet in force
- 19Paragraph 19 Not yet in force
- 20Paragraph 20 Not yet in force
- Quorum Not yet in force
- 21Paragraph 21 Not yet in force
- Structure and procedures Repealed
- 22Paragraph 22 Repealed
- Chief executive officer and other staff Not yet in force
- 23Paragraph 23 Not yet in force
- 24Paragraph 24 Not yet in force
- 25Paragraph 25 Not yet in force
- 26Paragraph 26 Not yet in force
- 27Paragraph 27 Not yet in force
- 28Paragraph 28 Not yet in force
- Location of office Not yet in force
- 29Paragraph 29 Not yet in force
- Financing by the Scottish Ministers Not yet in force
- 30Paragraph 30 Not yet in force
- 31Paragraph 31 Not yet in force
- 32Paragraph 32 Not yet in force
- Accounts and audit Not yet in force
- 33Paragraph 33 Not yet in force
- 34Paragraph 34 Not yet in force
- 35Paragraph 35 Not yet in force
- Schedule 3: Expenses of money attachment
- Expenses chargeable against the debtor
- 1Paragraph 1
- 2Paragraph 2
- Circumstances where no expenses are due to or by either party
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Schedule 4: Modifications of enactments relating to admiralty actions and the arrestment of ships
- Definition of “maritime lien”
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- The term “admiralty action”
- 4Paragraph 4
- 5Paragraph 5
- Arrestment in rem granted by the sheriff
- 6Paragraph 6
- Arrestment on the dependence
- 7Paragraph 7
- Liability for losses and expenses
- 8Paragraph 8
- Factors affecting arrestments
- 9Paragraph 9
- Cargo on board a ship exempt from attachment
- 10Paragraph 10
- Location of a ship when arrestment executed
- 11Paragraph 11
- Demise charters
- 12Paragraph 12
- 13Paragraph 13
- Schedule 5: Minor and consequential amendments
- The Companies Clauses Consolidation (Scotland) Act 1845 (c. 17)
- 1Paragraph 1
- The Harbours, Docks and Piers Clauses Act 1847 (c. 27)
- 2Paragraph 2
- The Titles to Land Consolidation (Scotland) Act 1868 (c. 101) Not yet in force
- 3Paragraph 3 Not yet in force
- The Writs Execution (Scotland) Act 1877 (c. 40)
- 4Paragraph 4
- The Judicial Factors (Scotland) Act 1889 (c. 39)
- 5Paragraph 5
- The Sheriff Courts (Scotland) Extracts Act 1892 (c. 17)
- 6Paragraph 6
- The Execution of Diligence (Scotland) Act 1926 (c. 16)
- 7Paragraph 7
- The Local Government (Scotland) Act 1947 (c. 43)
- 8Paragraph 8
- The Taxes Management Act 1970 (c. 9)
- 9Paragraph 9
- The Sheriff Courts (Scotland) Act 1971 (c. 58)
- 10Paragraph 10
- The Animal Health Act 1981 (c. 22) Not yet in force
- 11Paragraph 11 Not yet in force
- The Civil Jurisdiction and Judgments Act 1982 (c. 27)
- 12Paragraph 12
- The Bankruptcy (Scotland) Act 1985 (c. 66)
- 13Paragraph 13 Repealed
- The Insolvency Act 1986 (c. 45) Not yet in force
- 14Paragraph 14 Not yet in force
- The Legal Aid (Scotland) Act 1986 (c. 47)
- 15Paragraph 15
- The Debtors (Scotland) Act 1987 (c. 18)
- 16Paragraph 16
- The Abolition of Domestic Rates etc. (Scotland) Act 1987 (c. 47)
- 17Paragraph 17
- The Child Support Act 1991 (c. 48)
- 18Paragraph 18
- The Social Security Administration Act 1992 (c. 5)
- 19Paragraph 19
- The Local Government Finance Act 1992 (c. 14)
- 20Paragraph 20
- The Tribunals and Inquiries Act 1992 (c. 53) Not yet in force
- 21Paragraph 21 Not yet in force
- The Proceeds of Crime (Scotland) Act 1995 (c. 43)
- 22Paragraph 22
- The Criminal Procedure (Scotland) Act 1995 (c. 46)
- 23Paragraph 23
- The Finance Act 1997 (c. 16)
- 24Paragraph 24
- The Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7) Not yet in force
- 25Paragraph 25 Not yet in force
- The Water Industry (Scotland) Act 2002 (asp 3)
- 26Paragraph 26
- The Scottish Public Services Ombudsman Act 2002 (asp 11) Not yet in force
- 27Paragraph 27 Not yet in force
- The Freedom of Information (Scotland) Act 2002 (asp 13) Not yet in force
- 28Paragraph 28 Not yet in force
- The Proceeds of Crime Act 2002 (c. 29)
- 29Paragraph 29
- The Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)
- 30Paragraph 30
- The Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4) Not yet in force
- 31Paragraph 31 Not yet in force
- The Finance Act 2003 (c. 14)
- 32Paragraph 32
- The Civil Partnership Act 2004 (c. 33) Not yet in force
- 33Paragraph 33 Not yet in force
- Schedule 6: Repeals and revocation
- 1Repeals
- 2Revocation