Explanatory Notes

Bankruptcy and Diligence etc. (Scotland) Act 2007

2007 asp 3

15 January 2007

The Act

Commentary

Part 17 – General and Miscellaneous
General
Section 223 – Crown application

847.Section 223(1) provides that this Act binds the Crown but only in so far as the Crown is a creditor. So duties which are imposed on employers by provisions of this Act do not bind the Crown. Subsection (2) makes it clear that amendments made by this Act of other Acts (such as the 1987 Act) bind the Crown to the extent which those existing Acts provide. For example, section 105 of the 1987 Act provides that the 1987 Act binds the Crown both as creditor and as employer. New sections inserted into that Act by this Act will also bind the Crown in both capacities (unless express contrary provision is made – see, for example, paragraph 662 above).