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The Bankruptcy and Debt Advice (Scotland) Act 2014 (Commencement No. 1 and Saving) Order 2014

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Article 2

SCHEDULE

This schedule has no associated Policy Notes

Column 1

(provision of the Bankruptcy and Debt Advice (Scotland) Act 2014)

Column 2

(subject matter)

Column 3

(purpose)

Section 1(2)Sequestration of estate of living debtor - money adviceFor the purpose of making regulations, orders or rules of court
Section 2Financial education for debtorFor the purpose of making regulations, orders or rules of court
Section 3Debtor’s contribution: common financial tool
Section 4Debtor contribution orderFor the purpose of making regulations, orders or rules of court
Section 5 and schedule 1Debtor application (sequestration where debtor has few assets)For the purpose of making regulations, orders or rules of court
Section 7Discharge, conditions etc.For the purpose of making regulations, orders or rules of court
Section 9(1)Statement of undertakingsFor the purpose of making regulations, orders or rules of court
Section 17Discharge of debtorFor the purpose of making regulations, orders or rules of court
Section 19Deferral of discharge where debtor cannot be tracedFor the purpose of making regulations, orders or rules of court
Section 21Assets discovered after trustee discharge: appointment of trusteeFor the purpose of making regulations, orders or rules of court
Section 22Register of insolvenciesFor the purpose of making regulations, orders or rules of court
Section 23(1)Sederunt book: formatFor the purpose of making directions, regulations, orders or rules of court
Section 23(3)Sederunt book: inspectionFor the purpose of making regulations, orders or rules of court
Section 36Regulations: applications to Accountant in Bankruptcy etc.
Section 44Representation of Accountant in Bankruptcy in Sheriff Court
Section 46Time limits for sequestration of limited partnershipFor the purpose of making regulations, orders or rules of court
Section 48Effect of sequestration: renewal of period of inhibition etc.For the purpose of making regulations, orders or rules of court
Section 53(1)Debt arrangement scheme: amendmentsFor the purpose of amendments insofar as brought into force by this Order.
Section 53(2) and (4)Debt arrangement scheme: non-natural personsFor the purpose of making regulations, orders or rules of court.
Section 53(3)Debt arrangement scheme: remuneration
Section 56Minor and consequential amendments and repealsFor the purpose of amendments insofar as brought into force by this Order.
In schedule 3—(Minor and consequential amendments)
(a)

paragraph 1

Lay representation on discharge appeal
(b)

paragraph 2

Minor and consequential amendments of the Bankruptcy (Scotland) Act 1985(1)For the purpose of amendments insofar as brought into force by this Order.
(c)

paragraph 34

Regulations
(d)

paragraph 35(h)

Interpretation: statement of undertakings
(e)

paragraph 38

Debt arrangement scheme: regulation procedure
In schedule 4—(Repeals)
(a)

in relation to the Bankruptcy (Scotland) Act 1985—

(i)

the repeal of section 5B(5)(d)(2)

Regulations
(ii)

the repeal in section 72(1)

Regulations
(iii)

the repeal of Schedule 5, paragraph 5(2)(aa)(3)

Regulations
(b)

the repeal in the Home Owner and Debtor Protection (Scotland) Act 2010(4)

Regulations
(1)

1985 c.66. The 1985 Act was significantly amended by the Bankruptcy (Scotland) Act 1993, sections 1 to 8 and Schedule 1, by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (“the 2007 Act”), Part 1 (except for sections 3, 4, 33 and 34), schedule 1, schedule 5, paragraph 13, and schedule 6, Part 1, article 8 of S.S.I. 2008/82, S.S.I. 2011/141 and S.S.I. 2013/225 and the Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11).

(2)

Section 5B was inserted by the 2007 Act, section 15(2).

(3)

Paragraph 5(2)(aa) was inserted by section 13(2) of the Home Owner and Debtor Protection (Scotland) Act 2010 (asp 6).

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