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Bankruptcy and Debt Advice (Scotland) Act 2014 (repealed)

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  1. Introductory Text

  2. Advice and education

    1. 1.Sequestration of estate of living debtor: money advice

    2. 2.Financial education for debtor

  3. Payments by debtor following sequestration

    1. 3.Debtor's contribution: common financial tool

    2. 4.Debtor contribution order

  4. Sequestration where debtor has few assets

    1. 5.Debtor application

    2. 6.Circumstances where Accountant in Bankruptcy appointed as trustee

    3. 7.Discharge, conditions etc.

  5. Moratorium on diligence

    1. 8.Moratorium on diligence

  6. Application for sequestration

    1. 9.Statement of undertakings

    2. 10.Debtor application: incomplete or inappropriate application

    3. 11.Sequestration: application by executor

    4. 12.Concurrent proceedings for sequestration: recall

  7. Administration of estate

    1. 13.Debtor's bank account

    2. 14.Submission of claims to trustee

    3. 15.First accounting period

    4. 16.Vesting of estate after sequestration

  8. Discharge following sequestration

    1. 17.Discharge of debtor

    2. 18.Repeal of discharge on composition

    3. 19.Deferral of discharge where debtor cannot be traced

    4. 20.Unclaimed dividends and unapplied balances

    5. 21.Assets discovered after trustee discharge: appointment of trustee

  9. Records

    1. 22.Register of insolvencies

    2. 23.Sederunt book

    3. 24.Abolition of certain requirements in relation to Edinburgh Gazette

  10. Functions of sheriff and Accountant in Bankruptcy in sequestration

    1. 25.Application by trustee for direction on matters in sequestration

    2. 26.Recall of sequestration by sheriff

    3. 27.Recall of sequestration by Accountant in Bankruptcy

    4. 28.Appointment of replacement trustee

    5. 29.Replacement of trustee acting in more than one sequestration

    6. 30.Removal of trustee and trustee not acting

    7. 31.Removal of commissioner

    8. 32.Contractual powers of trustee

    9. 33.Bankruptcy restrictions order

    10. 34.Conversion of protected trust deed into sequestration

    11. 35.Power to cure defects in procedure

    12. 36.Regulations: applications to Accountant in Bankruptcy etc.

    13. 37.Valuation of debts depending on contingency

  11. Review of decisions made by Accountant in Bankruptcy

    1. 38.Review of decisions about interim trustee

    2. 39.Review of decision not to award sequestration

    3. 40.Review of decisions about replacement trustee

    4. 41.Review of decisions about adjudication of creditor's claims

    5. 42.Review of decision about discharge of trustee

    6. 43.Appeals against decisions on review

  12. Miscellaneous amendments

    1. 44.Representation of Accountant in Bankruptcy in sheriff court

    2. 45.Failure to send statements of assets and liabilities

    3. 46.Time limits for sequestration of limited partnership

    4. 47.Petition for sequestration by trustee under trust deed

    5. 48.Effect of sequestration: renewal of period of inhibition etc.

    6. 49.Division and sale of debtor's family home

    7. 50.Effect of discharge of debtor

    8. 51.Offence of obtaining credit: increase in amount

    9. 52.Bankruptcy restrictions undertaking: repeal

    10. 53.Debt arrangement schemes: extension to non-natural persons and fees

  13. General

    1. 54.Meaning of “the 1985 Act”

    2. 55.Ancillary provision

    3. 56.Minor and consequential amendments and repeals

    4. 57.Commencement

    5. 58.Short title

    1. SCHEDULE 1

      SCHEDULE A1 TO THE 1985 ACT

      1. . . . . . . . . . ....

    2. SCHEDULE 2

      INFORMATION TO BE INCLUDED IN THE SEDERUNT BOOK

      1. . . . . . . . . . ....

    3. SCHEDULE 3

      MINOR AND CONSEQUENTIAL AMENDMENTS

      1. Sheriff Courts (Scotland) Act 1971 (c.58)

        1. 1.MINOR AND CONSEQUENTIAL AMENDMENTS

      2. Bankruptcy (Scotland) Act 1985 (c.66)

        1. 2.MINOR AND CONSEQUENTIAL AMENDMENTS

        2. 3.MINOR AND CONSEQUENTIAL AMENDMENTS

        3. 4.MINOR AND CONSEQUENTIAL AMENDMENTS

        4. 5.MINOR AND CONSEQUENTIAL AMENDMENTS

        5. 6.MINOR AND CONSEQUENTIAL AMENDMENTS

        6. 7.MINOR AND CONSEQUENTIAL AMENDMENTS

        7. 8.MINOR AND CONSEQUENTIAL AMENDMENTS

        8. 9.MINOR AND CONSEQUENTIAL AMENDMENTS

        9. 10.MINOR AND CONSEQUENTIAL AMENDMENTS

        10. 11.MINOR AND CONSEQUENTIAL AMENDMENTS

        11. 12.MINOR AND CONSEQUENTIAL AMENDMENTS

        12. 13.MINOR AND CONSEQUENTIAL AMENDMENTS

        13. 14.MINOR AND CONSEQUENTIAL AMENDMENTS

        14. 15.MINOR AND CONSEQUENTIAL AMENDMENTS

        15. 16.MINOR AND CONSEQUENTIAL AMENDMENTS

        16. 17.MINOR AND CONSEQUENTIAL AMENDMENTS

        17. 18.MINOR AND CONSEQUENTIAL AMENDMENTS

        18. 19.MINOR AND CONSEQUENTIAL AMENDMENTS

        19. 20.MINOR AND CONSEQUENTIAL AMENDMENTS

        20. 21.MINOR AND CONSEQUENTIAL AMENDMENTS

        21. 22.MINOR AND CONSEQUENTIAL AMENDMENTS

        22. 23.MINOR AND CONSEQUENTIAL AMENDMENTS

        23. 24.MINOR AND CONSEQUENTIAL AMENDMENTS

        24. 25.MINOR AND CONSEQUENTIAL AMENDMENTS

        25. 26.MINOR AND CONSEQUENTIAL AMENDMENTS

        26. 27.MINOR AND CONSEQUENTIAL AMENDMENTS

        27. 28.MINOR AND CONSEQUENTIAL AMENDMENTS

        28. 29.MINOR AND CONSEQUENTIAL AMENDMENTS

        29. 30.MINOR AND CONSEQUENTIAL AMENDMENTS

        30. 31.MINOR AND CONSEQUENTIAL AMENDMENTS

        31. 32.MINOR AND CONSEQUENTIAL AMENDMENTS

        32. 33.MINOR AND CONSEQUENTIAL AMENDMENTS

        33. 34.MINOR AND CONSEQUENTIAL AMENDMENTS

        34. 35.MINOR AND CONSEQUENTIAL AMENDMENTS

        35. 36.MINOR AND CONSEQUENTIAL AMENDMENTS

        36. 37.MINOR AND CONSEQUENTIAL AMENDMENTS

      3. Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)

        1. 38.MINOR AND CONSEQUENTIAL AMENDMENTS

      4. Fire (Scotland) Act 2005 (asp 5)

        1. 39.MINOR AND CONSEQUENTIAL AMENDMENTS

      5. Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)

        1. 40.MINOR AND CONSEQUENTIAL AMENDMENTS

      6. Housing (Scotland) Act 2010 (asp 17)

        1. 41.MINOR AND CONSEQUENTIAL AMENDMENTS

    4. SCHEDULE 4

      REPEALS

      1. . . . . . . . . . ....

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