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The Bankruptcy (Scotland) Amendment Regulations 2010

S.S.I. 2010/367 · Made 21 October 2010 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2015.

Bankruptcy

Debt

Made 21st October 2010

Laid before the Scottish Parliament 22nd October 2010

Coming into force 15th November 2010

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 5(4C)(a) and (b), 15(6), 19(2), 40(3B) and 73(1) of the Bankruptcy (Scotland) Act 1985f1, section 11(1)(b) of the Debt Arrangement and Attachment (Scotland) Act 2002f2 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 the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (“the 2007 Act”), section 14(3)(b). Section 15(6) was amended by the Bankruptcy (Scotland) Act 1993 (c.6), Schedule 1, paragraph 4 and by the 2007 Act, schedule 6, Part 1. Section 19(2) was amended by the 2007 Act, schedule 1, paragraph 17 and schedule 6, Part 1. Section 40(3B) was inserted by the Home Owner and Debtor Protection (Scotland) Act 2010 (asp 6), section 11(c). Section 73(1) contains definitions of “prescribed” and “statement of assets and liabilities”. The functions of the Secretary of State were transferred to the Scottish Ministers, insofar as they are within devolved competence, by section 53 of the Scotland Act 1998 (c.46).

f2

2002 asp 17.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Amendment of the Bankruptcy (Scotland) Regulations 2008 Repealed
  4. 4Prescribed amount for the purposes of section11(1)(b) of the Debt Arrangement and Attachment (Scotland) Act 2002.
  5. 5Saving provisions
  6. 6Regulation 6
  7. 7Regulation 7
  8. Signature
  9. Schedule 1Schedule 1 Repealed
  10. Schedule 2Schedule 2 Repealed
  11. Schedule 3Schedule 3
  12. Schedule 4Schedule 4
  13. Schedule 5Schedule 5
  14. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Bankruptcy (Scotland) Amendment Regulations 2010 and come into force on 15th November 2010.

2InterpretationI1

In these Regulations “the 2008 Regulations” means the Bankruptcy (Scotland) Regulations 2008f1.

3Amendment of the Bankruptcy (Scotland) Regulations 2008F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4Prescribed amount for the purposes of section11(1)(b) of the Debt Arrangement and Attachment (Scotland) Act 2002.I1

For the purposes of section 11(1)(b) of the Debt Arrangement and Attachment (Scotland) Act 2002 (articles exempt from attachment) the prescribed value of a vehicle is £3,000.

5Saving provisionsI1

Notwithstanding the revocation of regulations 11 and 15(3) of the 2008 Regulations, those provisions shall continue to have effect in respect of sequestrations awarded prior to 15th November 2010.

6I1

Notwithstanding the revocation of regulation 14(1)(b) of the 2008 Regulations, that provision shall continue to have effect in respect of applications under section 5(2A) of the Bankruptcy (Scotland) Act 1985 received by the Accountant in Bankruptcy prior to 15th December 2010.

7I1

Notwithstanding the revocation of regulations 15(1) and 15(2) of the 2008 Regulations, those provisions shall continue to have effect in respect of any application such as referred to in regulation 15(1) made prior to 15th November 2010.

Signature

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

21st October 2010

Schedule 1F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 2F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 3I1

Schedule 4I1

Schedule 5I1

Explanatory note

(This note is not part of the Regulations)

These Regulations make amendments to the Bankruptcy (Scotland) Regulations 2008 (“the 2008 Regulations”) that are consequential on amendments to the Bankruptcy (Scotland) Act 1985 (“the 1985 Act”) made by Part 2 of the Home Owner and Debtor Protection (Scotland) Act 2010. The Regulations also amend the procedure to be followed, and the forms required, in debtor applications under the 1985 Act, and vary the value of vehicles that are exempt from attachment under the Debt Arrangement and Attachment (Scotland) Act 2002 (and hence not part of the assets covered by a sequestration or a protected trust deed).

Section 9 of the Home Owner and Debtor Protection (Scotland) Act 2010 amends the debtor application provisions in the 1985 Act by removing the concurrence of a qualifying creditor as one of the routes into sequestration, and introducing a new route of a certificate for sequestration signed by an authorised person. Consequent upon these changes, regulations 3(4)(a) to (d) make necessary amendments to regulation 14 of the 2008 Regulations and regulation 3(6) makes changes to the forms required in debtor applications and the form of statement of assets and liabilities required under section 19(2) of the 1985 Act.

Section 11 of the Home Owner and Debtor Protection (Scotland) Act 2010 amends section 40 of the 1985 Act by requiring a trustee to give notice to the Local Authority before applying to the court for certain orders in relation to the debtor’s family home. Regulations 3(5) and (6)(g) amend the 2008 Regulations so as to prescribe the form to be used when giving such notice.

Section 12 of the Home Owner and Debtor Protection (Scotland) Act 2010 abolishes the requirement for certain notices to appear in the Edinburgh Gazette. Regulation 3(3) makes amendments to the 2008 Regulations consequent on the abolition of these requirements.

Regulations 3(4)(e) and (f) amend the procedure to be followed in relation to debtor applications so as to allow the Accountant in Bankruptcy to require a debtor to provide further information when required to substantiate any fact.

Regulation 4 prescribes £3,000 as the upper limit on the value of a vehicle that may be exempt from attachment for the purposes of section 11(1)(b) of the Debt Arrangement and Attachment (Scotland) Act 2002.

Regulations 5, 6 and 7 contain savings provisions in relation to the revoked provisions of the 2008 Regulations.