# The Bankruptcy and Attachment (Miscellaneous Amendment) (Scotland) Regulations 2026, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations amend the Bankruptcy (Scotland) Act 2016 (“the 2016 Act”), the Debt Arrangement and Attachment (Scotland) Act 2002 (“the 2002 Act”) and the Bankruptcy (Scotland) Regulations 2016 (“the 2016 Regulations”).
Regulations 2 and 3 amend the 2016 Act. Regulation 2 revises the eligibility criteria for debtor applications for sequestration under the minimal asset process (“MAP”). It amends the limits relating to the total amount of a debtor’s debt; the total value of a debtor’s assets; the value of any single asset owned by a debtor; the frequency with which a debtor may apply for sequestration under the MAP; and the value of any vehicle reasonably required by the debtor up to a specified value to be excluded from the calculation. Regulation 3 corrects a minor omission.
Regulations 4 to 6 amend the 2002 Act rules for attaching movable property. Regulations 4 and 5 amend the upper limit of specified property (e.g. tools of trade, vehicles and sentimental items) which are to be exempt from attachment. An invalid carriage is also added to the list of articles exempt from attachment. The limit for tools of trade is increased from £1,000 to £2,000. The limit for a vehicle from £3,000 to £7,000. The limit for sentimental items exempt from an exceptional attachment order is increased from £150 to £2,000.
Regulation 6 amends details of articles in a dwellinghouse which cannot be considered non-essential assets for the purpose of an exceptional attachment order. The upper limit of tools of trade is amended from £1,000 to £2,000 and an invalid carriage is added to the list.
Regulation 7 amends the 2016 Regulations to replace references to the Money Advice Trust with references to the Accountant in Bankruptcy (“AiB”). The Common Financial Statement (“CFS”) which is used as the “common financial tool” under the 2016 Act to asses the debtor’s contribution in bankruptcy is now published and licensed by AiB. The requirement that a money adviser hold a licence from the Money Advice Trust to use the CFS is also amended to AiB instead of the Money Advice Trust. The requirement on AiB to notify the Money Advice Trust, where it appears money advisers have breached licence requirements, is removed since AiB is publishing and administering the CFS.
Regulation 8 amends two forms to take account of the amendments in regulation 2.
Regulations 9 and 10 revoke regulations 14 and 4 of the 2016 Regulations and Bankruptcy (Scotland) Amendment Regulations 2010 respectively.

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Source: https://www.legislation.gov.uk/sdsi/2026/9780111067161/note (the official version)
Page: https://openlegislation.uk/draft-bankruptcy-and-attachment-miscellaneous-amendment-scotland-regulations-2026/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.