# The Bankruptcy and Debt Advice (Scotland) Act 2014 (Consequential Provisions) Order 2014 Draft 2014, ISBN 9780111024331 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. Made under: Bankruptcy and Debt Advice (Scotland) Act 2014 (repealed) (Section 55) PDFs: Printed copy https://openlegislation.uk/draft-bankruptcy-and-debt-advice-scotland-act-2014-consequential-provisions-order-2014/pdf/sdsi_9780111024331_en.pdf; Draft Policy Note https://openlegislation.uk/draft-bankruptcy-and-debt-advice-scotland-act-2014-consequential-provisions-order-2014/pdf/sdsipn_9780111024331_en.pdf ## Introductory text 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 2014 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. ## 1 Citation 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. ## 2 Interpretation (1) In this Order “the 1985 Act” means the Bankruptcy (Scotland) Act 1985. (2) This Order is to be construed in accordance with section 73 (interpretation) of the 1985 Act. ## 3 Modification 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 ## Schedule: Modification of enactments ### Part 1: Primary legislation ## 1 The Education (Scotland) Act 1980 In section 73B(12) (regulations relating to student loans) of the Education (Scotland) Act 1980 after “54” insert “, 54A or 54C”. ## 2 The 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 2001 for “32(2)” substitute “32A”. ## 3 The 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 2005 after “54” insert “, 54A, 54C”. ### Part 2: Secondary legislation ## 4 The 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 1998 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”. ## 5 The National Health Service (Scotland) (Injury Benefits) Regulations 1998 In regulation 20(3) of the National Health Service (Scotland) (Injury Benefits) Regulations 1998 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”. ## 6 The 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 2003 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”. ## 7 The Teachers’ Superannuation (Scotland) Regulations 2005 In regulation E38(3) of the Teachers’ Superannuation (Scotland) Regulations 2005 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”. ## 8 The Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006 In regulation 12 of the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006— (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”. ## 9 The Education (Student Loans) (Scotland) Regulations 2007 In regulation 15 of the Education (Student Loans) (Scotland) Regulations 2007— (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”. ## 10 The Local Government Pension Scheme (Administration) (Scotland) Regulations 2008 In regulation 49(3) of the Local Government Pension Scheme (Administration) (Scotland) Regulations 2008 for “an income payments order under section 32(2)” substitute “a debtor contribution order under section 32A”. ## 11 The Graduate Endowment (Scotland) Regulations 2008 In regulation 12 of the Graduate Endowment (Scotland) Regulations 2008— (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”. ## 12 The National Health Service Superannuation Scheme (Scotland) Regulations 2011 In regulation T4(3) of the National Health Service Superannuation Scheme (Scotland) Regulations 2011 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”. ## 13 The Local Government Pension Scheme (Scotland) Regulations 2014 In regulation 82(3) of the Local Government Pension Scheme (Scotland) Regulations 2014 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). --- Source: https://www.legislation.gov.uk/sdsi/2014/9780111024331 (the official version) Page: https://openlegislation.uk/draft-bankruptcy-and-debt-advice-scotland-act-2014-consequential-provisions-order-2014 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.