Search Legislation

Bankruptcy and Diligence etc. (Scotland) Act 2007

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Bankruptcy and Diligence etc. (Scotland) Act 2007. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Part 1SBankruptcy

Duration of bankruptcyS

F11Discharge of debtorS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Bankruptcy restrictions orders and undertakingsS

F12Bankruptcy restrictions orders and undertakingsS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Effect of bankruptcy restrictions orders and undertakingsS

3Disqualification from being appointed as receiverS

(1)Section 51 of the Insolvency Act 1986 (c. 45) (appointment of receiver) is amended as follows.

(2)In subsection (3), after paragraph (b), insert—

(ba)a person subject to a bankruptcy restrictions order;.

(3)In subsection (5), after “bankrupt” insert “or a person subject to a bankruptcy restrictions order”.

(4)In subsection (6), after “receivers” insert ; and

bankruptcy restrictions order” means—

(a)a bankruptcy restrictions order made under section 56A of the Bankruptcy (Scotland) Act 1985 (c. 66);

(b)a bankruptcy restrictions undertaking entered into under section 56G of that Act;

(c)a bankruptcy restrictions order made under paragraph 1 of Schedule 4A to this Act; or

(d)a bankruptcy restrictions undertaking entered into under paragraph 7 of that Schedule..

4Disqualification for nomination, election and holding office as member of local authorityS

In section 31 of the Local Government (Scotland) Act 1973 (c. 65) (disqualifications for nomination, election and holding office as member of local authority)—

(a)after subsection (1)(b), insert—

(ba)he is subject to a bankruptcy restrictions order;; and

(b)after subsection (3A), insert—

(3B)In subsection (1)(ba) above, “bankruptcy restrictions order” means—

(a)a bankruptcy restrictions order made under section 56A of the Bankruptcy (Scotland) Act 1985;

(b)a bankruptcy restrictions undertaking entered into under section 56G of that Act;

(c)a bankruptcy restrictions order made under paragraph 1 of Schedule 4A to the Insolvency Act 1986 (c. 45); or

(d)a bankruptcy restrictions undertaking entered into under paragraph 7 of that Schedule..

F25Orders relating to disqualificationS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The trustee in the sequestrationS

F26Amalgamation of offices of interim trustee and permanent trusteeS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27Repeal of trustee's residence requirementS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28Duties of trusteeS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29Grounds for resignation or removal of trusteeS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F210Termination of interim trustee's functionsS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F211Statutory meeting and election of trusteeS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F212 Replacement of trustee acting in more than one sequestrationS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F213Requirement to hold money in interest bearing accountS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Debtor applicationsS

F214Debtor applicationsS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F215Debtor applications by low income, low asset debtorsS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

JurisdictionS

F216Sequestration proceedings to be competent only before sheriffS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Vesting of estate and dealings of debtorS

F217Vesting of estate and dealings of debtorS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Income received by debtor after sequestrationS

F218Income received by debtor after sequestrationS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Debtor's home and other heritable propertyS

F219Debtor's home and other heritable propertyS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Protected trust deedsS

F220Modification of provisions relating to protected trust deedsS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

...S

F221Modification of composition procedureS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Status and powers of Accountant in BankruptcyS

F222Status of Accountant in Bankruptcy as officer of the courtS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F223Accountant in Bankruptcy's power to investigate trustees under protected trust deedsS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

OffencesS

F224Modification of offences under section 67 of the 1985 ActS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Miscellaneous and generalS

F225Debt limits in sequestrationsS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F226Creditor to provide debt advice and information packageS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F227Continuation of sequestration proceedingsS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F228Abolition of summary administrationS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F229Non-vested contingent interest reinvested in debtorS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F230Debtor's requirement to give account of state of affairsS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F231Restriction of debtor's right to appeal under sections 49(6) and 53(6) of the 1985 ActS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F232Status of order on petition to convert protected trust deed into sequestrationS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

33Power to provide for lay representation in sequestration proceedingsS

In section 32(1) of the Sheriff Courts (Scotland) Act 1971 (c. 58) (power of Court of Session to regulate civil procedure in sheriff court), after paragraph (l) insert—

(m)permitting a debtor appearing before a sheriff under section 12 of the Bankruptcy (Scotland) Act 1985 (c. 66) (award of sequestration) to be represented, in such circumstances as may be specified in the act of sederunt, by a person who is neither an advocate nor a solicitor..

34Treatment of student loans on sequestrationS

(1)In section 73B(12) of the Education (Scotland) Act 1980 (c. 44) (power to make provision in relation to treatment of student loans upon discharge under the 1985 Act), after “receive,” insert “before, on or”.

(2)In paragraph 6 of Schedule 2 to the Education (Student Loans) Act 1990 (c. 6) (treatment of student loans on sequestration), which, notwithstanding its repeal by section 44 of and Schedule 4 to the Teaching and Higher Education Act 1998 (c. 30), is saved by virtue of article 3 of the Teaching and Higher Education Act 1998 (Commencement No. 2 and Transitional Provisions) Order 1998 (S.I. 1998 No. 2004)—

(a)after “Where,” insert “before, on or”; and

(b)after “before” insert “, on”.

F335Certain regulations under the 1985 Act: procedureS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F336Minor and consequential amendments of the 1985 ActS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

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

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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 enacted 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