The Bankruptcy (Scotland) Amendment Regulations 2008
S.S.I. 2008/334 · Made 6 October 2008 · Extends to Scotland
BANKRUPTCY
Made 6th October 2008
Laid before the Scottish Parliament 7th October 2008
Coming into force 14th November 2008
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 5(4C)(a) and (b), 72(1) and 73(1) of the Bankruptcy (Scotland) Act 1985f1 and all other powers enabling them to do so.
Annotations to the whole text
Footnotes
- f1
-
1985 c. 66. Section 5(4C) was inserted by section 14(3) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (“the 2007 Act”). Section 73(1) contains a definition of “debtor application” that is relevant to the exercise of the statutory powers under which these Regulations are made. Section 73(1) was amended by paragraph 60 of Schedule 1 to the 2007 Act.
Contents
- 1Citation and commencement Not yet in force
- 2Amendment of the Bankruptcy (Scotland) Regulations 2008 Not yet in force
- 3Forms received before 1st January 2009 Not yet in force
- Signature
- Schedule 1Schedule 1 Not yet in force
- Schedule 2Schedule 2 Not yet in force
- Explanatory note
1Citation and commencementI1
These Regulations may be cited as the Bankruptcy (Scotland) Amendment Regulations 2008 and come into force on 14th November 2008.
2Amendment of the Bankruptcy (Scotland) Regulations 2008I1
In the Schedule to the Bankruptcy (Scotland) Regulations 2008f1–
for Form 9 (debtor application without concurrence) substitute Form 9 set out in Schedule 1 to these Regulations; and
for Form 17 (statutory declaration of low income and low assets) substitute Form 17 set out in Schedule 2 to these Regulations.
3Forms received before 1st January 2009I1
The Accountant in Bankruptcy may, before 1st January 2009, accept–
a debtor application; or
a statutory declaration of low income and low assets,
made in Form 9 or 17 as prescribed in the Bankruptcy (Scotland) Regulations 2008 prior to the commencement of these Regulations.
Signature
FERGUS EWING
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
6th October 2008
Schedule 1I1
Schedule 2I1
Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Bankruptcy (Scotland) Regulations 2008 (“the principal Regulations”) to prescribe amended forms to be sent to the Accountant in Bankruptcy for debtor applications in respect of the Accountant in Bankruptcy’s functions under the Bankruptcy (Scotland) Act 1985.
There are two new forms (Forms 9 and 17) which can be found in Schedules 1 and 2 to these Regulations. Both forms replace the Forms 9 and 17 as set out in the Schedule to the principal Regulations. Form 9 is the debtor application for bankruptcy without the concurrence of their creditors. Form 17 is a statutory declaration by a debtor of low income and low assets.
Regulation 3 allows the Accountant in Bankruptcy to accept applications using the old Forms 9 and 17 before 1st January 2009.