Bankruptcy and Diligence (Scotland) Act 2024

Diligence on the dependence

17 Provision of debt advice and information package

(1) Part 1A of the Debtors (Scotland) Act 1987 is modified as follows.

(2) In section 15F (hearing on application)—

(a) in subsection (3)—

(i) the word “and” immediately following paragraph (b) is repealed,

(ii) after paragraph (c), insert “; and

(d) where the debtor is an individual, that the creditor has provided the debtor with a debt advice and information package.”,

(b) after subsection (7), insert—

“(8) In this section and in section 15K, “debt advice and information package” means the debt advice and information package referred to in section 10(5) of the Debt Arrangement and Attachment (Scotland) Act 2002.”.

(3) In section 15K (recall or restriction of diligence on dependence)—

(a) after subsection (5), insert—

“(5A) Where subsection (5B) applies and the court is satisfied that the creditor has not provided the debtor with a debt advice and information package it—

(a) must make an order—

(i) recalling the warrant, and

(ii) if an arrestment or inhibition has been executed in pursuance of the warrant, recalling that arrestment or inhibition, and

(b) may make an order ancillary to any order mentioned in paragraph (a).

(5B) This subsection applies where—

(a) the debtor is an individual, and

(b) the hearing is a hearing fixed under section 15E(4)(a).”,

(b) in subsection (10), after “(5),” insert “(5A),”.