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The Bankruptcy (Scotland) Amendment Regulations 2008

S.S.I. 2008/334 · Made 6 October 2008 · Extends to Scotland

Not fully up to date. 7 changes made by later legislation have not yet been written into this text, which is revised to 6 October 2008.

See the changes not yet applied
ProvisionChangeMade by
reg. 3coming into forceBankruptcy 2008 reg. 1
Sch. 1coming into forceBankruptcy 2008 reg. 1
Sch. 2coming into forceBankruptcy 2008 reg. 1
reg. 2coming into forceBankruptcy 2008 reg. 1
reg. 1coming into forceBankruptcy 2008 reg. 1
sch.word substitutedBankruptcy Fees etc. 2012 reg. 14
RegulationsrevokedBankruptcy 2014 reg. 23(b)

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

  1. 1Citation and commencement Not yet in force
  2. 2Amendment of the Bankruptcy (Scotland) Regulations 2008 Not yet in force
  3. 3Forms received before 1st January 2009 Not yet in force
  4. Signature
  5. Schedule 1Schedule 1 Not yet in force
  6. Schedule 2Schedule 2 Not yet in force
  7. 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–

(a)

for Form 9 (debtor application without concurrence) substitute Form 9 set out in Schedule 1 to these Regulations; and

(b)

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)

a debtor application; or

(b)

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.