The Bankruptcy and Debt Advice (Scotland) Act 2014 (Commencement No. 2, Savings and Transitionals) Amendment Order 2015

Scottish Statutory Instruments

2015 No. 54 (C. 10)

Insolvency

Bankruptcy

Debt

The Bankruptcy and Debt Advice (Scotland) Act 2014 (Commencement No. 2, Savings and Transitionals) Amendment Order 2015

Made

5th February 2015

Laid before the Scottish Parliament

9th February 2015

Coming into force

1st April 2015

The Scottish Ministers make the following Order in exercise of the power conferred by section 57(2) and (3) of the Bankruptcy and Debt Advice (Scotland) Act 2014(1) and all other powers enabling them to do so.

Citation and commencement

1.  This Order may be cited as the Bankruptcy and Debt Advice (Scotland) Act 2014 (Commencement No. 2, Savings and Transitionals) Amendment Order 2015 and comes into force on 1st April 2015.

Amendment of savings arrangements - Bankruptcy and Debt Advice (Scotland) Act 2014

2.  In article 4(1)(b) (sequestration before 1st April 2015) of the Bankruptcy and Debt Advice (Scotland) Act 2014 (Commencement No. 2, Savings and Transitionals) Order 2014(2) for “was” substitute “is”.

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

5th February 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes a minor clarification to a savings provision in relation to the commencement of the Bankruptcy and Debt Advice (Scotland) Act 2014 (“the 2014 Act”) from 1st April 2015, by which most amendments in the 2014 Act do not apply to bankruptcies where the petition to court or debtor application to the Accountant in Bankruptcy (“AIB”) for sequestration is presented or received before 1st April 2015. The amendment makes the drafting of article 4(1)(b) of that Order consistent with article 4(1)(a) to avoid any doubt that a different effect was intended.

The 2014 Act received Royal Assent on 29th April 2014. Sections 54, 55, 57 and 58 came into force on the day after Royal Assent.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the 2014 Act were brought into force by commencement order made before the date of this Order:—

Provision	Date of Commencement	S.S.I. No.
s.1(1)	1st April 2015	S.S.I. 2014/261
s.1(2) (partially) for the purpose of making subordinate legislation	30th June 2014	S.S.I. 2014/172
s.1(2) insofar as not already in force	1st April 2015	S.S.I. 2014/261
s.2 (partially) for the purpose of making subordinate legislation	30th June 2014	S.S.I. 2014/172
s.2 insofar as not already in force	1st April 2015	S.S.I. 2014/261
s.3	30th June 2014	S.S.I. 2014/172
s.4 (partially) for the purpose of making subordinate legislation	30th June 2014	S.S.I. 2014/172
s.4 insofar as not already in force	1st April 2015	S.S.I. 2014/261
s.5 (partially) for the purpose of making subordinate legislation	30th June 2014	S.S.I. 2014/172
s.5 insofar as not already in force	1st April 2015	S.S.I. 2014/261
s.6	1st April 2015	S.S.I. 2014/261
s.7 (partially) for the purpose of making subordinate legislation	30th June 2014	S.S.I. 2014/172
s.7 insofar as not already in force	1st April 2015	S.S.I. 2014/261
s.8	1st April 2015	S.S.I. 2014/261
s.9(1) (partially) for the purpose of making subordinate legislation	30th June 2014	S.S.I. 2014/172
s.9(1) insofar as not already in force	1st April 2015	S.S.I. 2014/261
s.9(2)	1st April 2015	S.S.I. 2014/261
ss.10 to 16	1st April 2015	S.S.I. 2014/261
s.17 (partially) for the purpose of making subordinate legislation	30th June 2014	S.S.I. 2014/172
s.17 insofar as not already in force	1st April 2015	S.S.I. 2014/261
s.18	1st April 2015	S.S.I. 2014/261
s.19 (partially) for the purpose of making subordinate legislation	30th June 2014	S.S.I. 2014/172
s.19 insofar as not already in force	1st April 2015	S.S.I. 2014/261
s.20	1st April 2015	S.S.I. 2014/261
s.21 (partially) for the purpose of making subordinate legislation	30th June 2014	S.S.I. 2014/172
s.21 insofar as not already in force	1st April 2015	S.S.I. 2014/261
s.22 (partially) for the purpose of making subordinate legislation	30th June 2014	S.S.I. 2014/172
s.22 insofar as not already in force	1st April 2015	S.S.I. 2014/261
s.23(1) and (3) (partially) for the purpose of making directions and subordinate legislation	30th June 2014	S.S.I. 2014/172
s.23(1) and (3) insofar as not already in force	1st April 2015	S.S.I. 2014/261
s.23(2) and (4)	1st April 2015	S.S.I. 2014/261
ss.24 to 26	1st April 2015	S.S.I. 2014/261
s.27 (partially) except in relation to s. 17G(7) of the Bankruptcy (Scotland) Act 1985 (c.66)	1st April 2015	S.S.I. 2014/261
ss.28 to 35	1st April 2015	S.S.I. 2014/261
s.36	30th June 2014	S.S.I. 2014/172
ss.37 to 43	1st April 2015	S.S.I. 2014/261
s.44	30th June 2014	S.S.I. 2014/172
s.45	1st April 2015	S.S.I. 2014/261
s.46 (partially) for the purpose of making subordinate legislation	30th June 2014	S.S.I. 2014/172
s.46 insofar as not already in force	1st April 2015	S.S.I. 2014/261
s.47	1st April 2015	S.S.I. 2014/261
s.48 (partially) for the purpose of making subordinate legislation	30th June 2014	S.S.I. 2014/172
s.48 insofar as not already in force	1st April 2015	S.S.I. 2014/261
ss.49 to 52	1st April 2015	S.S.I. 2014/261
s.53(1) (partially)	30th June 2014	S.S.I. 2014/172
s.53(2) and (4) (partially) for the purpose of making subordinate legislation	30th June 2014	S.S.I. 2014/172
s.53(1), (2) and (4) insofar as not already in force	1st April 2015	S.S.I. 2014/261
s.53(3)	30th June 2014	S.S.I. 2014/172
s.56 (partially)	30th June 2014	S.S.I. 2014/172
s.56 insofar as not already in force	1st April 2015	S.S.I. 2014/261
sch. 1 (partially) for the purpose of making subordinate legislation	30th June 2014	S.S.I. 2014/172
sch. 1 insofar as not already in force	1st April 2015	S.S.I. 2014/261
In sch. 3—
para. 1	30th June 2014	S.S.I. 2014/172
para. 2 (partially)	30th June 2014	S.S.I. 2014/172
para. 34	30th June 2014	S.S.I. 2014/172
para. 35(h)	30th June 2014	S.S.I. 2014/172
para. 38	30th June 2014	S.S.I. 2014/172
sch. 3 insofar as not already in force	1st April 2015	S.S.I. 2014/261
sch. 2	1st April 2015	S.S.I. 2014/261
sch. 4 (partially)	30th June 2014	S.S.I. 2014/172
sch. 4 insofar as not already in force	1st April 2015	S.S.I. 2014/261

(1)

2014 asp 11.

(2)

S.S.I. 2014/261.