Search Legislation

Bankruptcy and Debt Advice (Scotland) Act 2014

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Bankruptcy and Debt Advice (Scotland) Act 2014. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. The Act

    1. Overview

  3. Commentary on Sections

    1. Advice and education

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

      2. Section 2 – Financial education for debtor

    2. Payments by debtor following sequestration

      1. Section 3 – Debtor’s contribution: common financial tool

      2. Section 4 – Debtor contribution order

    3. Sequestration where debtor has few assets

      1. Section 5 – Debtor application

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

      3. Section 7 – Discharge, conditions etc.

    4. Moratorium on diligence

      1. Section 8 – Moratorium on diligence

    5. Application for sequestration

      1. Section 9 – Statement of undertakings

      2. Section 10 – Debtor application: incomplete or inappropriate application

      3. Section 11 – Sequestration: application by executor

      4. Section 12 – Concurrent proceedings for sequestration: recall

      5. Section 13 – Debtor’s bank account

    6. Administration of estate

      1. Section 14 – Submission of claims to trustee

      2. Section 15– First accounting period

      3. Section 16 – Vesting of estate after sequestration

    7. Discharge following sequestration

      1. Section 17 – Discharge of debtor

      2. Section 18 – Repeal of discharge on composition

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

      4. Section 20 – Unclaimed dividends and unapplied balances

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

    8. Records

      1. Section 22 – Register of insolvencies

      2. Section 23 – Sederunt book

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

    9. Functions of sheriff and Accountant in Bankruptcy in sequestration

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

      2. Section 26 – Recall of sequestration by sheriff

      3. Section 27 – Recall of sequestration by Accountant in Bankruptcy

      4. Section 28 – Appointment of replacement trustee

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

      6. Section 30 – Removal of trustee and trustee not acting

      7. Section 31 – Removal of commissioner

      8. Section 32 – Contractual powers of trustee

      9. Section 33 – Bankruptcy restrictions order

      10. Section 34 – Conversion of a protected trust deed into sequestration

      11. Section 35 – Power to cure defects in procedure

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

      13. Section 37 – Valuation of debts depending on contingency

    10. Review of decisions made by Accountant in Bankruptcy

      1. Section 38 – Review of decisions about interim trustee

      2. Section 39 – Review of decision not to award sequestration

      3. Section 40 – Review of decisions about replacement trustee

      4. Section 41 – Review of decisions about adjudication of creditor’s claims

      5. Section 42 – Review of decision about discharge of trustee

      6. Section 43 – Appeals against decisions on review

    11. Miscellaneous amendments

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

    12. General

      1. Section 55 – Ancillary provision

      2. Section 57 – Commencement

    13. Schedules

      1. Schedule 1 (‘minimal asset’ debtors with few assets)

      2. Schedule 2 (Sederunt book)

      3. Schedule 3 (minor and consequential amendments)

      4. Schedule 4 (repeals)

        1. Miscellaneous subordinate legislation connected to implementation of the Act

  4. Parliamentary History

  • Explanatory Notes Table of contents

Back to top

Options/Help

Print Options

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources