The Bankruptcy and Debt Advice (Scotland) Act 2014 (Consequential Provisions) Order 2014
Draft 2014, ISBN 9780111024331
Draft Order laid before the Scottish Parliament under section 55(4) of the Bankruptcy and Debt Advice (Scotland) Act 2014, for approval by resolution of the Scottish Parliament.
Bankruptcy
Made
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 55 of the Bankruptcy and Debt Advice (Scotland) Act 2014f1 and all other powers enabling them to do so.
In accordance with section 55(4) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Annotations to the whole text
Footnotes
- f1
-
2014 asp 11 (“the 2014 Act”).
Contents
- 1Citation and commencement
- 2Interpretation
- 3Modification of enactments
- Signature
- Schedule: Modification of enactments
- Part 1: Primary legislation
- 1The Education (Scotland) Act 1980
- 2The International Criminal Court (Scotland) Act 2001
- 3The Charities and Trustee Investment (Scotland) Act 2005
- Part 2: Secondary legislation
- 4The National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998
- 5The National Health Service (Scotland) (Injury Benefits) Regulations 1998
- 6The National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003
- 7The Teachers’ Superannuation (Scotland) Regulations 2005
- 8The Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006
- 9The Education (Student Loans) (Scotland) Regulations 2007
- 10The Local Government Pension Scheme (Administration) (Scotland) Regulations 2008
- 11The Graduate Endowment (Scotland) Regulations 2008
- 12The National Health Service Superannuation Scheme (Scotland) Regulations 2011
- 13The Local Government Pension Scheme (Scotland) Regulations 2014
- Explanatory note
1Citation and commencement
This Order may be cited as the Bankruptcy and Debt Advice (Scotland) Act 2014 (Consequential Provisions) Order 2014 and comes into force on 1st April 2015.
2Interpretation
3Modification of enactments
The Schedule, which makes modifications of certain enactments, has effect.
Nothing in this Order affects any of the enactments modified by this Order in their operation in relation to a sequestration in respect of which—
the petition is presented before 1st April 2015; or
a debtor application is made before that date.
Signature
Name
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
Date
1The Education (Scotland) Act 1980
In section 73B(12) (regulations relating to student loans) of the Education (Scotland) Act 1980f1 after “54” insert “, 54A or 54C”.
2The International Criminal Court (Scotland) Act 2001
In paragraph 8(2)(b) (freezing orders in respect of sequestration) of schedule 6 to the International Criminal Court (Scotland) Act 2001f1 for “32(2)” substitute “32A”.
3The Charities and Trustee Investment (Scotland) Act 2005
In section 70(3)(b)(i) (charity trustee disqualification: supplementary) of the Charities and Trustee Investment (Scotland) Act 2005f1 after “54” insert “, 54A, 54C”.
4The National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998
In regulation 18(2) of the National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998f1 for “the court makes an income payments order under 32(2) and (4) of the Bankruptcy (Scotland) Act 1985 or” substitute “a person makes or varies a debtor contribution order under section 32A or 32F of the Bankruptcy (Scotland) Act 1985 or the court makes an income payments order”.
5The National Health Service (Scotland) (Injury Benefits) Regulations 1998
In regulation 20(3) of the National Health Service (Scotland) (Injury Benefits) Regulations 1998f1 for “the court makes an income payments order under 32(2) and (4) of the Bankruptcy (Scotland) Act 1985 or” substitute “a person makes or varies a debtor contribution order under section 32A or 32F of the Bankruptcy (Scotland) Act 1985 or the court makes an income payments order”.
6The National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003
In regulation 13(3) of the National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003f1 for “the court makes an order under 32(2) and (4) of the Bankruptcy (Scotland) Act 1985 or” substitute “a person makes or varies an order under section 32A or 32F of the Bankruptcy (Scotland) Act 1985 or the court makes”.
7The Teachers’ Superannuation (Scotland) Regulations 2005
In regulation E38(3) of the Teachers’ Superannuation (Scotland) Regulations 2005f1 for “the Court under section 32(2) and (4) of the Bankruptcy (Scotland) Act 1985 or” substitute “any person under section 32A or 32F of the Bankruptcy (Scotland) Act 1985 or of the Court”.
8The Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006
In regulation 12 of the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006f1—
in paragraph (a) for “sheriff shall not, in fixing an amount under section 32(2)” substitute “Accountant in Bankruptcy must not, in fixing an amount under section 32A”; and
in paragraph (c)(ii) after “54” insert “, 54A, 54C”.
9The Education (Student Loans) (Scotland) Regulations 2007
In regulation 15 of the Education (Student Loans) (Scotland) Regulations 2007f1—
in paragraph (a) for “sheriff shall not, in fixing an amount under section 32(2)” substitute “Accountant in Bankruptcy must not, in fixing an amount under section 32A”; and
in paragraph (c)(ii) after “54” insert “, 54A, 54C”.
10The Local Government Pension Scheme (Administration) (Scotland) Regulations 2008
In regulation 49(3) of the Local Government Pension Scheme (Administration) (Scotland) Regulations 2008f1 for “an income payments order under section 32(2)” substitute “a debtor contribution order under section 32A”.
11The Graduate Endowment (Scotland) Regulations 2008
In regulation 12 of the Graduate Endowment (Scotland) Regulations 2008f1—
in paragraph (a) for “sheriff must not, in fixing an amount under section 32(2)” substitute “Accountant in Bankruptcy must not, in fixing an amount under section 32A”; and
in paragraph (c)(ii) after “54” insert “, 54A, 54C”.
12The National Health Service Superannuation Scheme (Scotland) Regulations 2011
In regulation T4(3) of the National Health Service Superannuation Scheme (Scotland) Regulations 2011f1 for “the court makes an income payments order under section 32(2) and (4) of the Bankruptcy (Scotland) Act 1985 or” substitute “a person makes or varies a debtor contribution order under section 32A or 32F of the Bankruptcy (Scotland) Act 1985 or the court makes an income payments order”.
13The Local Government Pension Scheme (Scotland) Regulations 2014
In regulation 82(3) of the Local Government Pension Scheme (Scotland) Regulations 2014f1 for “an income payment order or agreement under section 32(2) or (4A)” substitute “a debtor contribution order under section 32A or 32F”.
Explanatory note
(This note is not part of the Order)
This Order makes provision in consequence of the Bankruptcy and Debt Advice (Scotland) Act 2014 (“the 2014 Act”). The Order comes into force on 1st April 2015.
Article 3 of, and the Schedule to, the Order make provision modifying primary and secondary legislation.
The modifications provided for are in consequence of provision in the 2014 Act which amends the 1985 Act by:
-
introducing debtor contribution orders in place of existing arrangements for income payment orders and agreements (see, in particular, section 4 of, and schedule 4 to, the 2014 Act); and
-
altering existing arrangements for discharge of a debtor who has been sequestrated (see, in particular, sections 17 and 19 of the 2014 Act).