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The Bankruptcy and Debt Advice (Scotland) Act 2014 (Consequential Provisions) Order 2016

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

Draft 2016, ISBN 9780111030486

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 2016

Coming into force 9th March 2016

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. 3Consequential amendments to the Bankruptcy (Scotland) Act 1985
  4. 4Sequestration before 1st April 2015
  5. Signature
  6. Explanatory note

1Citation and commencement

This Order may be cited as the Bankruptcy and Debt Advice (Scotland) Act 2014 (Consequential Provisions) Order 2016 and comes into force on 9th March 2016.

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.

3Consequential amendments to the Bankruptcy (Scotland) Act 1985

(1)

In section 7(2)(b) of the 1985 Act (continuation of apparent insolvency) after “(c)” insert “, (ca), (cb), (cc)”.

(2)

In section 7(4) of the 1985 Act (apparent insolvency of entities which cannot be sequestrated under the 1985 Act) omit “paragraph (a) or (b) of”.

4Sequestration before 1st April 2015

Nothing in this Order affects the operation of section 7 of the 1985 Act in relation to a sequestration in respect of which—

(a)

the petition was presented before 1st April 2015; or

(b)

a debtor application was made before that date.

Signature

Name

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

Date

Explanatory note

(This note is not part of the Order)

This Order makes minor amendments to the Bankruptcy (Scotland) Act 1985 in consequence of paragraphs 6(a) and 7 of schedule 3 to the Bankruptcy and Debt Advice (Scotland) Act 2014 (“the 2014 Act”) which made clear that limited liability partnerships cannot be sequestrated, and clarified the meaning of apparent insolvency.

The Order comes into force on 9th March 2016. It applies in respect of sequestration where the petition for sequestration was presented or the debtor application for sequestration was made before that date, but not before 1st April 2015 (the date on which the relevant provisions of the 2014 Act came into force).