Debt Arrangement and Attachment (Scotland) Act 2002 Explanatory Notes

Schedule 3 – Minor and consequential amendments and repeals

121.This schedule is introduced by Section 61 and makes necessary minor and consequential amendments and repeals to existing legislation. For example, section 33(1)(a) of the Bankruptcy (Scotland) Act 1985 provides exemptions to property vesting in the trustee for bankruptcy and this schedule amends that provision to incorporate property exempt from attachment in the Act. Provision is also made at Schedule 3(15)(2) to allow a debtor’s apparent insolvency to be constituted under Section 7(1)(c) of the Bankruptcy (Scotland) Act 1985 upon a "nil” schedule of attachment being returned with a report of attachment.

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