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The Bankruptcy and Debt Advice (Scotland) Act 2014 (Consequential Provisions) Order 2014

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2014, ISBN 9780111024331

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Modification of enactments
  4. Signature
  5. Schedule: Modification of enactments
  6. Part 1: Primary legislation
  7. 1The Education (Scotland) Act 1980
  8. 2The International Criminal Court (Scotland) Act 2001
  9. 3The Charities and Trustee Investment (Scotland) Act 2005
  10. Part 2: Secondary legislation
  11. 4The National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998
  12. 5The National Health Service (Scotland) (Injury Benefits) Regulations 1998
  13. 6The National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003
  14. 7The Teachers’ Superannuation (Scotland) Regulations 2005
  15. 8The Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006
  16. 9The Education (Student Loans) (Scotland) Regulations 2007
  17. 10The Local Government Pension Scheme (Administration) (Scotland) Regulations 2008
  18. 11The Graduate Endowment (Scotland) Regulations 2008
  19. 12The National Health Service Superannuation Scheme (Scotland) Regulations 2011
  20. 13The Local Government Pension Scheme (Scotland) Regulations 2014
  21. 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

(1)

In this Order “the 1985 Act” means the Bankruptcy (Scotland) Act 1985f1.

(2)

This Order is to be construed in accordance with section 73 (interpretation) of the 1985 Actf2.

3Modification of enactments

(1)

The Schedule, which makes modifications of certain enactments, has effect.

(2)

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—

(a)

the petition is presented before 1st April 2015; or

(b)

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—

(a)

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

(b)

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—

(a)

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

(b)

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—

(a)

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

(b)

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).