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Bankruptcy (Scotland) Act 2016

Status:

This is the original version (as it was originally enacted).

SCHEDULE 3PREFERRED DEBTS

(introduced by section 129(2) and (3))

PART 1List of preferred debts

Contributions to occupational pension schemes etc.

1Any sum which is owed by the debtor and is a sum to which schedule 4 of the Pension Schemes Act 1993 (contributions to occupational pension scheme and state scheme premiums) applies.

Remuneration of employees etc.

2(1)So much of any amount which—

(a)is owed by the debtor to a person who is or has been an employee of the debtor, and

(b)is payable by way of remuneration in respect of the whole or any part of the 4 months which immediately precedes the relevant date,

as does not exceed the prescribed amount.

(2)An amount owed by way of accrued holiday remuneration, in respect of any period of employment before the relevant date, to a person whose employment by the debtor has been terminated (whether before, on or after that date).

(3)So much of any amount owed in respect of money advanced for the purpose as has been applied for the payment of a debt which, if it had not been paid, would have been a debt falling within sub-paragraph (1) or (2).

3So much of any amount which—

(a)is ordered, whether before or after the relevant date, to be paid by the debtor under the Reserve Forces (Safeguard of Employment) Act 1985, and

(b)is so ordered in respect of a default made by the debtor before that date in the discharge of the debtor’s obligations under that Act,

as does not exceed such amount as may be prescribed.

Levies on coal and steel production

4Any sums due at the relevant date from the debtor in respect of—

(a)the levies on the production of coal and steel referred to in Articles 49 and 50 of the Treaty establishing the European Coal and Steel Community, or

(b)any surcharge for delay provided for in Article 50(3) of that Treaty and Article 6 of Decision 3/52 of the High Authority of that Community.

Debts owed to the Financial Services Compensation Scheme

5Any debt owed by the debtor to the scheme manager of the Financial Services Compensation Scheme under section 215(2A) of the Financial Services and Markets Act 2000.

Deposits covered by Financial Services Compensation Scheme

6So much of any amount owed at the relevant date by the debtor in respect of an eligible deposit as does not exceed the compensation that would be payable in respect of the deposit under the Financial Services Compensation Scheme to the person or persons to whom the amount is owed.

Other deposits

7So much of any amount owed at the relevant date by the debtor to one or more eligible persons in respect of an eligible deposit as exceeds any compensation that would be payable in respect of the deposit under the Financial Services Compensation Scheme to that person or those persons.

8An amount owed at the relevant date by the debtor to one or more eligible persons in respect of a deposit which—

(a)was made through a non-EEA branch of a credit institution authorised by the competent authority of an EEA state, and

(b)would have been an eligible deposit if it had been made through an EEA branch of that credit institution.

PART 2Interpretation of Part 1

Meaning of “the relevant date”

9In Part 1, “the relevant date” means—

(a)in relation to a debtor other than a deceased debtor, the date of sequestration, and

(b)in relation to a deceased debtor, the date of death.

Amounts payable by way of remuneration

10(1)For the purposes of paragraph 2, a sum is payable by the debtor to a person by way of remuneration in respect of any period if—

(a)it is paid as wages or salary (whether payable for time or for piece work or earned wholly or partly by way of commission) in respect of services rendered to the debtor in that period, or

(b)it is an amount falling within sub-paragraph (2) and is payable by the debtor in respect of that period.

(2)An amount falls within this sub-paragraph if it is—

(a)a guarantee payment under section 28(1) to (3) of the Employment Rights Act 1996 (entitlement to payment for workless day),

(b)a payment for time off under section 53(1) (looking for new employment or making arrangements for training for future employment) or 56(1) (antenatal care) of that Act,

(c)remuneration on suspension on medical grounds under section 64 of that Act,

(d)a payment for time off under section 169(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (trade union duties), or

(e)remuneration under a protective award made by an employment tribunal under section 189 of that Act (redundancy dismissal with compensation).

(3)For the purposes of paragraph 2(2), holiday remuneration is deemed, in the case of a person (“P”) whose employment has been terminated by or in consequence of the award of sequestration of P’s employer’s estate, to have accrued to P in respect of a period of employment if, by virtue of P’s contract of employment or of any enactment, that remuneration would have accrued in respect of that period if P’s employment had continued until P became entitled to be allowed the holiday.

(4)In sub-paragraph (3), “enactment” includes an order made or direction given under an enactment.

(5)Without prejudice to the preceding provisions of this paragraph—

(a)any remuneration payable by the debtor to a person in respect of a period—

(i)of holiday, or

(ii)of absence from work through sickness or other good cause,

is deemed to be wages, or as the case may be salary, in respect of services rendered to the debtor in that period, and

(b)references in this paragraph to remuneration in respect of a period of holiday include references to any sums which, if they had been paid, would have been treated for the purposes of the enactments relating to social services as earnings in respect of that period.

Meaning of “prescribed”

11In paragraphs 2 and 3, “prescribed” means prescribed by regulations made by the Secretary of State.

Meaning of “scheme manager”

12In paragraph 5, “the scheme manager” has the meaning given in section 212(1) of the Financial Services and Markets Act 2000.

Meaning of “eligible deposit”

13(1)In paragraphs 6 to 8, “eligible deposit” means a deposit in respect of which the person, or any of the persons, to whom it is owed would be eligible for compensation under the Financial Services Compensation Scheme.

(2)For the purposes of those paragraphs and of this paragraph, a “deposit” means rights of the kind described in paragraph 22 of schedule 2 of the Financial Services and Markets Act 2000 (deposits).

(3)In paragraphs 7 and 8, “eligible person” means—

(a)an individual, or

(b)a micro-enterprise, a small enterprise or a medium-sized enterprise, each of those terms having the meaning given in Article 2.1(107) of the Directive 2014/59/EU of 15th May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms.

(4)In paragraph 8—

(a)“credit institution” has the meaning given in Article 4.1(1) of the capital requirements regulation,

(b)“EEA branch” means a branch, as defined in Article 4.1(17) of the capital requirements regulation, which is established in an EEA state, and

(c)“non-EEA branch” means a branch, as so defined, which is established in a country which is not an EEA state.

(5)In sub-paragraph (4)(a) and (b), “the capital requirements regulation” means Regulation (EU) No. 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending regulation (EU) NO. 648/2012.

Transitional provisions

14Regulations under paragraph 2 or 3 may contain such transitional provisions as may appear to the Secretary of State necessary or expedient.

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