Bankruptcy and Diligence etc. (Scotland) Act 2007

24 Modification of offences under section 67 of the 1985 Act

(1) Section 67 of the 1985 Act (general offences by debtor) is amended as follows.

(2) In subsection (2), after “conceals” insert “, disposes of”.

(3) Subsection (8) is repealed.

(4) In subsection (9), for “to the extent of £100 (or such other sum as may be prescribed) or more” substitute—

“(a) to the extent of £500 (or such other sum as may be prescribed) or more; or

(b) of any amount, where, at the time of obtaining credit, the debtor has debts amounting to £1,000 (or such other sum as may be prescribed) or more,”.

(5) After subsection (9), insert—

“(9A) For the purposes of calculating an amount of—

(a) credit mentioned in subsection (9) above; or

(b) debts mentioned in paragraph (b) of that subsection,

no account shall be taken of any credit obtained or, as the case may be, any liability for charges in respect of—

(i) any of the supplies mentioned in section 70(4) of this Act; and

(ii) any council tax within the meaning of section 99(1) of the Local Government Finance Act 1992 (c. 14).”.

(6) In subsection (10)(a)—

(a) the word “or” after sub-paragraph (i) is repealed;

(b) after sub-paragraph (ii) insert “; or

(iii) a person subject to a bankruptcy restrictions order, or a bankruptcy restrictions undertaking, made in England or Wales,”; and

(c) for “either case” substitute “the case mentioned in sub-paragraph (i) or (ii) above”.

(7) For subsection (10)(c) substitute—

“(c) the relevant information about the status of the debtor is the information that—

(i) his estate has been sequestrated and that he has not been discharged;

(ii) he is an undischarged bankrupt in England and Wales or Northern Ireland; or

(iii) he is subject to a bankruptcy restrictions order, or a bankruptcy restrictions undertaking, made in England or Wales,

as the case may be.”.

(8) After subsection (11) insert—

“(11A) A person shall be guilty of an offence under subsection (1), (2), (4), (5), (6) or (7) above if that person does or, as the case may be, fails to do, in any place in England and Wales or Northern Ireland, anything which would, if done or, as the case may be, not done in Scotland, be an offence under the subsection in question.”.