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Bankruptcy and Diligence etc. (Scotland) Act 2007

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 Bankruptcy

    1. Duration of bankruptcy

      1. 1.Discharge of debtor

    2. Bankruptcy restrictions orders and undertakings

      1. 2.Bankruptcy restrictions orders and undertakings

    3. Effect of bankruptcy restrictions orders and undertakings

      1. 3.Disqualification from being appointed as receiver

      2. 4.Disqualification for nomination, election and holding office as member of local authority

      3. 5.Orders relating to disqualification

    4. The trustee in the sequestration

      1. 6.Amalgamation of offices of interim trustee and permanent trustee

      2. 7.Repeal of trustee’s residence requirement

      3. 8.Duties of trustee

      4. 9.Grounds for resignation or removal of trustee

      5. 10.Termination of interim trustee’s functions

      6. 11.Statutory meeting and election of trustee

      7. 12.Replacement of trustee acting in more than one sequestration

      8. 13.Requirement to hold money in interest bearing account

    5. Debtor applications

      1. 14.Debtor applications

      2. 15.Debtor applications by low income, low asset debtors

    6. Jurisdiction

      1. 16.Sequestration proceedings to be competent only before sheriff

    7. Vesting of estate and dealings of debtor

      1. 17.Vesting of estate and dealings of debtor

    8. Income received by debtor after sequestration

      1. 18.Income received by debtor after sequestration

    9. Debtor’s home and other heritable property

      1. 19.Debtor’s home and other heritable property

    10. Protected trust deeds

      1. 20.Modification of provisions relating to protected trust deeds

    11. Modification of composition procedure

      1. 21.Modification of composition procedure

    12. Status and powers of Accountant in Bankruptcy

      1. 22.Status of Accountant in Bankruptcy as officer of the court

      2. 23.Accountant in Bankruptcy’s power to investigate trustees under protected trust deeds

    13. Offences

      1. 24.Modification of offences under section 67 of the 1985 Act

    14. Miscellaneous and general

      1. 25.Debt limits in sequestrations

      2. 26.Creditor to provide debt advice and information package

      3. 27.Continuation of sequestration proceedings

      4. 28.Abolition of summary administration

      5. 29.Non-vested contingent interest reinvested in debtor

      6. 30.Debtor’s requirement to give account of state of affairs

      7. 31.Restriction of debtor’s right to appeal under sections 49(6) and 53(6) of the 1985 Act

      8. 32.Status of order on petition to convert protected trust deed into sequestration

      9. 33.Power to provide for lay representation in sequestration proceedings

      10. 34.Treatment of student loans on sequestration

      11. 35.Certain regulations under the 1985 Act: procedure

      12. 36.Minor and consequential amendments of the 1985 Act

  3. Part 2 Floating charges

    1. Registration and creation etc.

      1. 37.Register of Floating Charges

      2. 38.Creation of floating charges

      3. 39.Advance notice of floating charges

      4. 40.Ranking of floating charges

      5. 41.Ranking clauses

      6. 42.Assignation of floating charges

      7. 43.Alteration of floating charges

      8. 44.Discharge of floating charges

      9. 45.Effect of floating charges on winding up

      10. 46.Repeals, savings and transitional arrangements

      11. 47.Interpretation

    2. Related further provision

      1. 48.Formalities as to documents

      2. 49.Industrial and provident societies

  4. Part 3 Enforcement

    1. Scottish Civil Enforcement Commission

      1. 50.Scottish Civil Enforcement Commission

      2. 51.Information and annual report

      3. 52.Publication of guidance and other information

      4. 53.Published information not to enable identification

      5. 54.Register of judicial officers

      6. 55.Code of practice

      7. 56.Publication of information relating to informal debt collection

    2. Judicial officers

      1. 57.Judicial officers

      2. 58.Appointment of judicial officer

      3. 59.Annual fee

    3. Abolition of offices of messenger-at-arms and sheriff officer

      1. 60.Abolition of offices of messenger-at-arms and sheriff officer

    4. Regulation of judicial officers

      1. 61.Regulation of judicial officers

      2. 62.Duty to notify Commission of bankruptcy etc.

    5. Judicial officers' professional association

      1. 63.Judicial officers' professional association

      2. 64.Duty of professional association to forward complaints to Commission

      3. 65.Information from professional association

    6. Investigation of judicial officers

      1. 66.Inspection of judicial officer

      2. 67.Investigation of alleged misconduct by judicial officer

      3. 68.Suspension of judicial officer pending outcome of disciplinary or criminal proceedings

      4. 69.Commission’s duty in relation to offences or misconduct by judicial officer

      5. 70.Commission’s power in relation to judicial officer’s bankruptcy etc.

    7. Disciplinary proceedings

      1. 71.Referrals to the disciplinary committee

      2. 72.Disciplinary committee’s powers

      3. 73.Orders under sections 68 and 72: supplementary provision

    8. Appeals

      1. 74.Appeals from decisions under sections 58, 68 and 72

    9. Miscellaneous

      1. 75.Judicial officer’s actions void where officer has interest

      2. 76.Measure of damages payable by judicial officer for negligence or other fault

      3. 77.Effect of code of practice

      4. 78.Electronic publications and communications

  5. Part 4 Land attachment and residual attachment

    1. Chapter 1 Abolition of adjudication for debt

      1. 79.Abolition of adjudication for debt

      2. 80.Renaming of the Register of Inhibitions and Adjudications

    2. Chapter 2 Attachment of land

      1. Land attachment

        1. 81.Land attachment

        2. 82.Attachable land

        3. 83.Notice of land attachment

      2. Consequences of land attachment

        1. 84.Debts secured by land attachment not rendered heritable

        2. 85.Restriction on priority of ranking of certain securities

        3. 86.Lease granted after registration of notice of land attachment

        4. 87.Assignation of title deeds etc.

        5. 88.Acquisition of right to execute land attachment

        6. 89.Effect of debtor’s death before land attachment created

        7. 90.Effect of debtor’s death after land attachment created

        8. 91.Caveat by purchaser under missives

      3. Preparations for sale of attached land

        1. 92.Application for warrant to sell attached land

        2. 93.Notice to local authority of application for warrant for sale

        3. 94.Preliminary hearing on application for warrant to sell

        4. 95.Valuation report

        5. 96.Creditor’s duties prior to full hearing on application for warrant for sale

        6. 97.Full hearing on application for warrant for sale

        7. 98.Application for warrant for sale of sole or main residence

        8. 99.Protection of purchaser under contract where creditor applies for warrant for sale

        9. 100.Protection of purchaser under contract where warrant for sale granted

        10. 101.Provision supplementary to sections 99 and 100

        11. 102.Warrant for sale of attached land owned in common

        12. 103.Intimation of sheriff’s decision at full hearing

        13. 104.Supplementary orders as respects sale

        14. 105.Effect of certain refusals of application for warrant for sale under section 97(5)

        15. 106.Termination of debtor’s right to occupy land

        16. 107.Consequences of giving notice under section 106(1)

      4. The sale

        1. 108.Appointed person

        2. 109.Method of sale

        3. 110.Legal incapacity or disability of debtor not to affect title of purchaser

        4. 111.Title of purchaser not to be affected by certain irregularities

        5. 112.Effect of registration of disposition on securities

        6. 113.Report of sale

        7. 114.Audit of report of sale

        8. 115.Sheriff’s consideration of report

        9. 116.Proceeds of sale

      5. Foreclosure

        1. 117.Foreclosure

        2. 118.Registration of decree of foreclosure

      6. Payments to account and expenses

        1. 119.Ascription

        2. 120.Expenses of land attachment

      7. Termination, discharge etc. of land attachment

        1. 121.Termination by payment etc.

        2. 122.Discharge

        3. 123.Recall and restriction of land attachment

        4. 124.Duration of land attachment

      8. Land attachment subsequent to reduction of deed granted in breach of inhibition

        1. 125.Land attachment subsequent to reduction of deed granted in breach of inhibition

      9. General and miscellaneous

        1. 126.Land attachment as heritable security

        2. 127.Statement on impact of land attachment

        3. 128.Interpretation

    3. Chapter 3 Residual attachment

      1. Residual attachment

        1. 129.Residual attachment

      2. Application for residual attachment order

        1. 130.Application for residual attachment order

        2. 131.Effect of application for residual attachment order

      3. Residual attachment order

        1. 132.Residual attachment order

        2. 133.Schedule of residual attachment

        3. 134.Creation and effect of residual attachment

      4. Satisfaction order

        1. 135.Application for satisfaction order

        2. 136.Satisfaction order

        3. 137.Intimation of court’s decision

        4. 138.Effect of certain refusals of application for satisfaction order

      5. Termination, discharge etc. of residual attachment

        1. 139.Termination by payment etc.

        2. 140.Recall

        3. 141.Duration of residual attachment

        4. 142.Effect of death of debtor

      6. General and miscellaneous

        1. 143.Expenses of residual attachment

        2. 144.Ascription

        3. 145.Interpretation

  6. Part 5 Inhibition

    1. Creation

      1. 146.Certain decrees and documents of debt to authorise inhibition without need for letters of inhibition

      2. 147.Provision of debt advice and information package when executing inhibition

      3. 148.Registration of inhibition

      4. 149.Date on which inhibition takes effect

    2. Effect

      1. 150.Property affected by inhibition

      2. 151.Effect on inhibition to enforce obligation when alternative decree granted

      3. 152.Effect of conversion of limited inhibition on the dependence to inhibition in execution

      4. 153.Property affected by inhibition to enforce obligation to convey heritable property

      5. 154.Inhibition not to confer a preference in ranking

      6. 155.Power of receiver or liquidator in creditors' voluntary winding up to dispose of property affected by inhibition

    3. Termination

      1. 156.Termination of effect of inhibition

      2. 157.Inhibition terminated by payment of full amount owing

      3. 158.Inhibition terminated by compliance with obligation to perform

      4. 159.Termination of inhibition when property acquired by third party

    4. Breach

      1. 160.Breach of inhibition

      2. 161.Prescription of right to reduce transactions in breach of inhibition

      3. 162.Registration of notice of litigiosity and discharge of notice

      4. 163.Reduction of lease granted in breach of inhibition

    5. General and miscellaneous

      1. 164.Power to prescribe forms in the 1868 Act

      2. 165.Expenses of inhibition

      3. 166.Ascription

      4. 167.Keeper’s duty to enter inhibition on title sheet

      5. 168.Inhibition effective against judicial factor

  7. Part 6 Diligence on the dependence

    1. 169.Diligence on the dependence

    2. 170.Prescription of arrestment

    3. 171.Abolition of letters of loosing

    4. 172.Abolition of adjudication in security

  8. Part 7 Interim attachment

    1. 173.Interim attachment

  9. Part 8 Attachment of money

    1. Money attachment

      1. 174.Money attachment

      2. 175.Meaning of “money” and related expressions

      3. 176.When money attachment not competent

    2. Execution of money attachment

      1. 177.Removal of money attached

      2. 178.Presumption of ownership

      3. 179.Schedule of money attachment

      4. 180.Valuation of banking instruments

      5. 181.Order for realisation of money likely to deteriorate in value

      6. 182.Report of money attachment

    3. Release of money attached

      1. 183.Creditor’s application for payment order

      2. 184.Effect of payment order

      3. 185.Release of money where attachment unduly harsh

      4. 186.Invalidity and cessation of money attachment

      5. 187.Termination of money attachment

      6. 188.Redemption of banking instrument

    4. Statement of money attachment

      1. 189.Final statement of money attachment

      2. 190.Audit of final statement under section 189(1)

    5. General and miscellaneous

      1. 191.Money in common ownership

      2. 192.Procedure where money owned in common is disposed of

      3. 193.Unlawful acts after money attachment

      4. 194.Appeals

      5. 195.Recovery from debtor of expenses of money attachment

      6. 196.Liability for expenses of money attachment

      7. 197.Ascription

      8. 198.Interpretation

  10. Part 9 Diligence against earnings

    1. 199.Simultaneous operation of arrestments against earnings where net earnings insufficient

    2. 200.Arrestment of earnings: deductions from holiday pay

    3. 201.Provision of debt advice and information package

    4. 202.Intimation of arrestment schedule

    5. 203.Provision of information

    6. 204.Conjoined arrestment orders: jurisdiction

    7. 205.Arrestment of seamen’s wages

  11. Part 10 Arrestment in execution and action of furthcoming

    1. 206.Arrestment in execution

  12. Part 11 Maills and duties, sequestration for rent and landlord’s hypothec

    1. Abolition of maills and duties

      1. 207.Abolition of maills and duties

    2. Landlord’s hypothec and sequestration for rent

      1. 208.Abolition of sequestration for rent and restriction of landlord’s hypothec

  13. Part 12 Summary warrants, time to pay and charges to pay

    1. 209.Summary warrants, time to pay and charges to pay

    2. 210.Time to pay directions and time to pay orders

  14. Part 13 Amendments of the Debt Arrangement and Attachment (Scotland) Act 2002

    1. 211.Debt payment programmes with debt relief

    2. 212.Further amendments of the Debt Arrangement and Attachment (Scotland) Act 2002

  15. Part 14 Admiralty actions and arrestment of ships

    1. 213.Admiralty actions and the arrestment of ships: modification of enactments

  16. Part 15 Actions for removing from heritable property

    1. 214.Expressions used in this Part

    2. 215.Procedure for execution of removing

    3. 216.Service of charge before removing

    4. 217.When removing not competent

    5. 218.Preservation of property left in premises

    6. 219.Caution for pecuniary claims

  17. Part 16 Disclosure of information

    1. 220.Information disclosure

  18. Part 17 General and miscellaneous

    1. 221.Interpretation

    2. Execution of diligence: electronic standard securities

      1. 222.Registration and execution of electronic standard securities

    3. General

      1. 223.Crown application

      2. 224.Orders and regulations

      3. 225.Ancillary provision

      4. 226.Minor and consequential amendments and repeals

      5. 227.Short title and commencement

    1. Schedule 1

      Minor and consequential amendments of the 1985 Act

    2. Schedule 2

      The Scottish Civil Enforcement Commission

    3. Schedule 3

      Expenses of money attachment

    4. Schedule 4

      Modifications of enactments relating to admiralty actions and the arrestment of ships

    5. Schedule 5

      Minor and consequential amendments

    6. Schedule 6

      Repeals and revocation

      1. Part 1 Repeals

      2. Part 2 Revocation

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