# The Bankruptcy (Scotland) Amendment Regulations 2010 S.S.I. 2010/367 · made 21 October 2010 · revised to 1 April 2015 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). Made under: Bankruptcy (Scotland) Act 1985 (repealed) (Section 5, Section 15, Section 19, Section 40, Section 73); Debt Arrangement and Attachment (Scotland) Act 2002 (Section 11) PDFs: Printed copy https://openlegislation.uk/bankruptcy-scotland-amendment-regulations-2010/pdf/ssi_20100367_en.pdf; Executive Note https://openlegislation.uk/bankruptcy-scotland-amendment-regulations-2010/pdf/ssien_20100367_en.pdf ## Introductory text 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 1985, section 11(1)(b) of the Debt Arrangement and Attachment (Scotland) Act 2002 and all other powers enabling them to do so. ## 1 Citation and commencement These Regulations may be cited as the Bankruptcy (Scotland) Amendment Regulations 2010 and come into force on 15th November 2010. ## 2 Interpretation In these Regulations “the 2008 Regulations” means the Bankruptcy (Scotland) Regulations 2008. ## 3 Amendment of the Bankruptcy (Scotland) Regulations 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 4 Prescribed amount for the purposes of section11(1)(b) of the Debt Arrangement and Attachment (Scotland) Act 2002. 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. ## 5 Saving provisions 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. ## 6 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. ## 7 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 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## Schedule 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## Schedule 3 ## Schedule 4 ## Schedule 5 ## 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. --- Source: https://www.legislation.gov.uk/ssi/2010/367 (the official version) Page: https://openlegislation.uk/bankruptcy-scotland-amendment-regulations-2010 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.