OpenLegislation

Part LIST OF FORMS TO BE USED

FormPurposeRelevant provisions of the ActRelevant provision of F1these Regulations or any other Regulations as may be specifiedForm consolidated
1Debtor ApplicationSections 2(1)(a), 5(a), 8(3)(a), 224(3)(c) and 228(1)Regulation 12(1)(a)Form 14
2Certificate for sequestrationSection 9Regulation 8(1)S.S.I. 2010/397, amended by S.S.I. 2014/296.
3Debtor Application (Trust, Partnership etc.)Sections 6(3)(a), (4)(b) and (7)(a) and 8(3)(a) and 228(1)Regulation 12(1)(b)Form 15
4Statement of Assets and Liabilities (Trusts, Partnerships etc.)Sections 6(9), 8(3)(a) and 228(1)Regulation 12(1)(b)Form 16
5Statutory Demand for Payment of DebtSection 16(1)(i)Regulation 3Form 2
6Oath By CreditorSection 19(1)Regulation 3Form 3
7Form of Schedule of Award of Sequestration on Application by Debtor or ExecutorSection 22(1) and (2)Regulation 12(3)Form 18
8Form of Refusal of Award of SequestrationSection 22Regulation 12(5)Form 19
9Notice of Award of Sequestration to the KeeperSection 26(2)Regulation 12(6)Form 20
10

Statement of Assets and Liabilities

Petition by creditor or trustee under a trust deed

Section 41(2) and 228(1)Regulation 3Form 4
11Statement of Claim by CreditorSections 46(2)(a) and 122(9)(a)Regulation 3Form 5
12Form of Undertaking to act as Trustee in Sequestration on the Application of a DebtorSection 51(8) and (9)Regulation 12(2)Form 17
13Statement of UndertakingsSections 8(3)(b), 51(14), 54(4) and 228(1)Regulation 3Form 1
14Trustee Application for Authority to Resign Office as Trustee in SequestrationSection 69(1)Regulation 23Form 21
15Notice of Abandonment of Heritable Property by Trustee in Sequestration where Accountant in Bankruptcy not the TrusteeSection 87(8)Regulation 24Form 22
16Notice of Abandonment of Heritable Property where the Accountant in Bankruptcy is the TrusteeSection 87(8)Regulation 24Form 23
17Debtor Contribution Order (Debtor Application)Section 90(1)(a)Regulation 19Form 24
18Debtor Contribution Order (Petition for Sequestration)Section 90(1)(b)Regulation 19Form 25
19Deduction from Income – Debtor's payment instruction to employer or third personSection 94(2) and (7)(a)Regulation 20(2)(a)S.S.I. 2014/296, Form 1
20Deduction from Income – Trustee's payment instruction to employer or third personSection 94(4) and (7)(a)Regulation 20(2)(b)S.S.I. 2014/296, Form 2
21Deduction from Income – Payment variation instruction to employer or third personSection 94(2), (4) and (7)(a)Regulation 20(7)S.S.I. 2014/296, Form 3
22Notice of Proceedings by Trustee to Obtain Authority in Relation to Debtor's Family HomeSection 113(4) and (5)Regulation 3Form 26
23Debtor's Account of Current State of AffairsSection 116(2)Regulation 3Form 27
24Notice by Trustee: Public Examination of the Debtor or a Relevant PersonSection 119(6)(a)Regulation 3Form 6
25Debtor Certificate of Discharge (where Accountant in Bankruptcy not the trustee)Section 137(2)Regulation 3Form 7
26Debtor Certificate of Discharge (where Accountant in Bankruptcy is the trustee)Section 138(2)Regulation 3Form 8
27Debtor Certificate of Discharge (debtor to whom section 2(2) applies)Section 140(2)Regulation 3Form 9
28Deferral NoticeSection 141(2)(a)Regulation 3Form 10
29Application for DeferralSection 141(2)(c)Regulation 3Form 11
30Certificate of Deferral of DischargeSection 141(4)(b) or (6)(b)Regulation 27Form 28
31Trustee Application for Authority to Resign Office: debtor not tracedSection 142(2)Regulation 3Form 12
32Notice granting Trustee Authority to Resign OfficeSection 142(5)Regulation 3Form 13
33Moratorium – Notice of Intention to ApplySection 195(1)Regulation 29Form 29
34Moratorium – Notice of Intention to Apply (Trust, Partnership, etc.)Section 196(1)Regulation 29Form 30
F235 Trustee application for authority to resign office – debtor’s failure to co-operateSection 147A(3)Regulation 3(5)(a) of the Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025Not applicable
36Intention to resign noticeSection 147A(5)(a)Regulation 3(5)(b) of the Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025Not applicable
37Notice granting the trustee authority to resign office – debtor’s failure to co-operateSection 147A(6)(b)Regulation 3(5)(c) of the Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025Not applicable

F3F4F5Form 1

Debtor Application

Form 2

Certificate for Sequestration

Form 3

Debtor Application (Trust, Partnership etc.)

Form 4

Statement of Assets and Liabilities (Trusts, Partnerships etc.)

Form 5

Statutory Demand for Payment of Debt

Form 6

Oath By Creditor

Form 7

Form of Schedule of Award of Sequestration on Application by Debtor or Executor

F6Form 8

Form of Refusal of Award of Sequestration

Form 9

Notice of Award of Sequestration to the Keeper

Form 10

Statement of Assets and Liabilities

Petition by creditor or trustee under a trust deed

F7F8Form 11

Statement of Claim by Creditor

Form 12

Form of Undertaking to act as Trustee in Sequestration on the Application of a Debtor

F9Form 13

Statement of Undertakings

Form 14

Trustee Application for Authority to Resign Office as Trustee in Sequestration

Form 15

Notice of Abandonment of Heritable Property by Trustee in Sequestration where Accountant in Bankruptcy not the Trustee

Form 16

Notice of Abandonment of Heritable Property where the Accountant in Bankruptcy is the Trustee

Form 17

Debtor Contribution Order (Debtor Application)

Form 18

Debtor Contribution Order (Petition for Sequestration)

Form 19

Deduction from Income – Debtor's payment instruction to employer or third person

Form 20

Deduction from Income – Trustee's payment instruction to employer or third person

Form 21

Deduction from Income – Payment variation instruction to employer or third person

Form 22

Notice of Proceedings by Trustee to Obtain Authority in Relation to Debtor's Family Home

F10Form 23

Debtor's Account of Current State of Affairs

Form 24

Notice by Trustee: Public Examination of the Debtor or a Relevant Person

Form 25

Debtor Certificate of Discharge (where Accountant in Bankruptcy not the trustee)

F11F12Form 26

Debtor Certificate of Discharge (where Accountant in Bankruptcy is the trustee)

F13Form 27

Debtor Certificate of Discharge (debtor to whom section 2(2) applies)

Form 28

Deferral Notice

Form 29

Application for Deferral

Form 30

Certificate of Deferral of Discharge

Form 31

Trustee Application for Authority to Resign Office: debtor not traced

Form 32

Notice granting Trustee Authority to Resign Office

Form 33

Moratorium – Notice of Intention to Apply

Form 34

Moratorium – Notice of Intention to Apply (Trust, Partnership, etc.)

F14Form 35

Trustee application for authority to resign office – debtor’s failure to co-operate

F15Form 36

Intention to resign notice

F16Form 37

Notice granting the trustee authority to resign office – debtor’s failure to co-operate

Annotations

Textual amendments

F1

Words in sch. 1 table substituted (25.6.2025) by The Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025 (S.S.I. 2025/145), regs. 1(1), 3(2)

F2

Words in sch. 1 table inserted (25.6.2025) by The Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025 (S.S.I. 2025/145), regs. 1(1), 3(3), sch. Pt. 1

F3

Sch. 1 Form 1: in the Statement of Undertakings, in undertaking 2, the word “application” is substituted for “award” (1.5.2017) by The Bankruptcy and Protected Trust Deeds (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/136), regs. 1, 2(3)(a)

F4

Sch. 1 Form 1, section 3.1a: the sum "£25,000" is substituted for "£17,000" (29.3.2021) by The Bankruptcy (Miscellaneous Amendments) (Scotland) Regulations 2021 (S.S.I. 2021/148), regs. 1, 7(2)

F5

Sch. 1 Form 1, undertaking 13: the words "the total Full Administration bankruptcy application fee" are substituted for “a further £110” (29.3.2021) by The Bankruptcy (Miscellaneous Amendments) (Scotland) Regulations 2021 (S.S.I. 2021/148), regs. 1, 7(3)

F6

Sch. 1 Form 8: the sum "£25,000" is substituted for "£17,000" (29.3.2021) by The Bankruptcy (Miscellaneous Amendments) (Scotland) Regulations 2021 (S.S.I. 2021/148), regs. 1, 8

F7

Sch. 1 Form 11: in Note 4, the words “insolvency practitioner” are substituted for “liquidator” each time it occurs (26.6.2017) by The Insolvency (Regulation (EU) 2015/848) (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/210), regs. 1, 7(2) (with reg. 9)

F8

Sch. 1 Form 11 Note 4 omitted (31.12.2020) by virtue of The Insolvency (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/94), regs. 1, 7(2) (with reg. 9) (as amended by S.S.I. 2020/337, regs. 1, 2); 2020 c. 1, Sch. 5 para. 1(1)

F9

Sch. 1 Form 13: after “that” in the third line of undertaking 11, the word “date” is inserted (1.5.2017) by The Bankruptcy and Protected Trust Deeds (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/136), regs. 1, 2(3)(b)

F10

Sch. 1 Form 23: the words “section 87(2)” are substituted for “section 87(1)” (25.6.2025) by The Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025 (S.S.I. 2025/145), regs. 1(1), 3(4)

F11

Sch. 1 Form 26: for the title to Notes, “Debtor certificate of discharge (where the Accountant in Bankruptcy is the trustee)” is substituted for “Debtor certificate of discharge” (1.5.2017) by The Bankruptcy and Protected Trust Deeds (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/136), regs. 1, 2(3)(c)(i)

F12

Sch. 1 Form 26: in the third bullet point of Note (1), the words “justice of the peace court (or a district court)” are substituted for “district court” (1.5.2017) by The Bankruptcy and Protected Trust Deeds (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/136), regs. 1, 2(3)(c)(ii)

F13

Sch. 1 Form 27: the word “2016” is substituted for “1985 (as amended)” (1.5.2017) by The Bankruptcy and Protected Trust Deeds (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/136), regs. 1, 2(3)(d)

F14

Sch. 1 Form 35 inserted (25.6.2025) by The Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025 (S.S.I. 2025/145), regs. 1(1), 3(5)(a), sch. Pt. 2

F15

Sch. 1 Form 36 inserted (25.6.2025) by The Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025 (S.S.I. 2025/145), regs. 1(1), 3(5)(b), sch. Pt. 3

F16

Sch. 1 Form 37 inserted (25.6.2025) by The Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025 (S.S.I. 2025/145), regs. 1(1), 3(5)(c), sch. Pt. 4