Search Legislation

Bankruptcy (Scotland) Act 2016

Status:

This is the original version (as it was originally enacted).

117Financial education for debtor

(1)The trustee must notify a living debtor that the debtor is required to undertake a prescribed course of financial education (a “financial education course”) specified by the trustee if, in the opinion of the trustee—

(a)any of the circumstances mentioned in subsection (2) applies, and

(b)undertaking the course would be appropriate for the debtor.

(2)The circumstances are—

(a)that in the 5 years ending on the date on which the sequestration was awarded—

(i)the debtor’s estate was sequestrated,

(ii)the debtor granted a protected trust deed,

(iii)an analogous remedy (as defined in section 17(8)) was in force in respect of the debtor, or

(iv)the debtor participated in a debt management programme under which the debtor made regular payments,

(b)that the debtor is subject to, or under investigation with a view to an application being made for, a bankruptcy restrictions order,

(c)that the trustee considers that the pattern of the debtor’s behaviour, whether before or after the award of sequestration, is such that the debtor would benefit from a financial education course, and

(d)that the debtor agrees to undertake a financial education course.

(3)The trustee must decide whether to issue a notification under subsection (1)—

(a)within 6 months beginning with the date of the award of sequestration, and

(b)in a case where section 143 applies, as soon as reasonably practicable after—

(i)the trustee ascertains the whereabouts of the debtor, or

(ii)the debtor makes contact with the trustee.

(4)A debtor must not be required to undertake or, as the case may be, complete the financial course specified by the trustee if, in the opinion of the trustee, the debtor—

(a)is unable to participate in the course as a result of the debtor’s health (including by reason of disability or of physical or mental illness), or

(b)has completed a financial education course in the 5 years ending on the date on which the sequestration of the debtor’s estate was awarded.

(5)Regulations under subsection (1) may in particular—

(a)prescribe the content, format and method of delivery of a course,

(b)prescribe different courses for different circumstances, or

(c)make provision for particular courses to be specified by a trustee where particular circumstances in subsection (2) apply.

(6)In subsection (2)(a)(iv), “debt management programme” includes in particular a programme approved in accordance with section 2 of the 2002 Act.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

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
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. 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
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources