Search Legislation

The Protected Trust Deeds (Scotland) Regulations 2008

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Effect of protected status

This section has no associated Executive Note

11.—(1) Where a trust deed has become a protected trust deed, then–

(a)subject to regulation 12, a creditor who has–

(i)not been sent the documents mentioned in regulation 8; or

(ii)notified the trustee of objection to the trust deed within the relevant period,

will have no higher right to recover the debt than a creditor who has acceded, or been deemed to have acceded, to the trust deed; and

(b)an application for sequestration of the debtor’s estate may not be made by the debtor while the trust deed subsists.

(2) Creditors will no longer be deemed to have acceded to a trust deed in terms of regulation 9(2) if the trustee issues a determination that the debtor is not discharged from the debtor’s liabilities in terms of regulation 19(5).

Back to top

Options/Help

Print Options

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

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

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 made 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