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Bankruptcy and Debt Advice (Scotland) Act 2014


This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Advice and education

    1. 1.Sequestration of estate of living debtor: money advice

    2. 2.Financial education for debtor

  3. Payments by debtor following sequestration

    1. 3.Debtor’s contribution: common financial tool

    2. 4.Debtor contribution order

  4. Sequestration where debtor has few assets

    1. 5.Debtor application

    2. 6.Circumstances where Accountant in Bankruptcy appointed as trustee

    3. 7.Discharge, conditions etc.

  5. Moratorium on diligence

    1. 8.Moratorium on diligence

  6. Application for sequestration

    1. 9.Statement of undertakings

    2. 10.Debtor application: incomplete or inappropriate application

    3. 11.Sequestration: application by executor

    4. 12.Concurrent proceedings for sequestration: recall

  7. Administration of estate

    1. 13.Debtor’s bank account

    2. 14.Submission of claims to trustee

    3. 15.First accounting period

    4. 16.Vesting of estate after sequestration

  8. Discharge following sequestration

    1. 17.Discharge of debtor

    2. 18.Repeal of discharge on composition

    3. 19.Deferral of discharge where debtor cannot be traced

    4. 20.Unclaimed dividends and unapplied balances

    5. 21.Assets discovered after trustee discharge: appointment of trustee

  9. Records

    1. 22.Register of insolvencies

    2. 23.Sederunt book

    3. 24.Abolition of certain requirements in relation to Edinburgh Gazette

  10. Functions of sheriff and Accountant in Bankruptcy in sequestration

    1. 25.Application by trustee for direction on matters in sequestration

    2. 26.Recall of sequestration by sheriff

    3. 27.Recall of sequestration by Accountant in Bankruptcy

    4. 28.Appointment of replacement trustee

    5. 29.Replacement of trustee acting in more than one sequestration

    6. 30.Removal of trustee and trustee not acting

    7. 31.Removal of commissioner

    8. 32.Contractual powers of trustee

    9. 33.Bankruptcy restrictions order

    10. 34.Conversion of protected trust deed into sequestration

    11. 35.Power to cure defects in procedure

    12. 36.Regulations: applications to Accountant in Bankruptcy etc.

    13. 37.Valuation of debts depending on contingency

  11. Review of decisions made by Accountant in Bankruptcy

    1. 38.Review of decisions about interim trustee

    2. 39.Review of decision not to award sequestration

    3. 40.Review of decisions about replacement trustee

    4. 41.Review of decisions about adjudication of creditor’s claims

    5. 42.Review of decision about discharge of trustee

    6. 43.Appeals against decisions on review

  12. Miscellaneous amendments

    1. 44.Representation of Accountant in Bankruptcy in sheriff court

    2. 45.Failure to send statements of assets and liabilities

    3. 46.Time limits for sequestration of limited partnership

    4. 47.Petition for sequestration by trustee under trust deed

    5. 48.Effect of sequestration: renewal of period of inhibition etc.

    6. 49.Division and sale of debtor’s family home

    7. 50.Effect of discharge of debtor

    8. 51.Offence of obtaining credit: increase in amount

    9. 52.Bankruptcy restrictions undertaking: repeal

    10. 53.Debt arrangement schemes: extension to non-natural persons and fees

  13. General

    1. 54.Meaning of “the 1985 Act”

    2. 55.Ancillary provision

    3. 56.Minor and consequential amendments and repeals

    4. 57.Commencement

    5. 58.Short title

    1. SCHEDULE 1


    2. SCHEDULE 2


    3. SCHEDULE 3


      1. 1.Sheriff Courts (Scotland) Act 1971 (c.58)

      2. 2.Bankruptcy (Scotland) Act 1985 (c.66)

      3. 3.In section 1A(1)(b) (register of insolvencies)— (a) before sub-paragraph (i)...

      4. 4.In section 5 (sequestration of the estate of living or...

      5. 5.In section 5B (certificate for sequestration), in each of subsections...

      6. 6.In section 6 (sequestration of other estates)—

      7. 7.In section 7 (meaning of “apparent insolvency”)—

      8. 8.In section 9(1A) (jurisdiction), after “living” insert “or deceased”.

      9. 9.In section 12 (when sequestration is awarded)—

      10. 10.In section 13B (termination of Accountant in Bankruptcy’s functions as...

      11. 11.In section 14(1) (registration of warrant or determination of debtor...

      12. 12.In section 14(3) (expiry of effect of inhibition), after paragraph...

      13. 13.In section 15(4), for “16 and 17” substitute “10A(3A), 16,...

      14. 14.In section 17 (recall of sequestration)— (a) in subsection (2),...

      15. 15.In section 20(1) (trustee’s duties on receipt of list of...

      16. 16.In section 23(3) (proceedings at statutory meeting before trustee vote),...

      17. 17.In section 26(1) (provisions relating to termination of original trustee’s...

      18. 18.In section 27(4) (discharge of original trustee: appeal etc.) for...

      19. 19.In section 29(8) (removal of trustee and trustee not acting:...

      20. 20.In section 32 (vesting of estate of debtor after sequestration)—...

      21. 21.In section 39A(3) (debtor’s home ceasing to form part of...

      22. 22.In section 43A(1) (debtor’s requirement to give account of affairs),...

      23. 23.In section 47 of the 1985 Act (conduct of examination),...

      24. 24.In section 48 of the 1985 Act (submission of claims...

      25. 25.In section 50(1) (entitlement to vote and draw a dividend),...

      26. 26.In section 52(7) (set aside of certain estate where appeal)—...

      27. 27.In section 53 (procedure after end of accounting period)—

      28. 28.The title of section 55 becomes “Effect of discharge under...

      29. 29.In section 55— (a) in subsection (1), after “54” insert...

      30. 30.In section 56J (effect of recall of sequestration)—

      31. 31.In section 58 (unclaimed dividends), for “57(1)(a)”, in both places...

      32. 32.In section 58A(4) (documents sent on discharge of Accountant in...

      33. 33.In section 60B(2) (trustee’s duty to give notice etc. to...

      34. 34.In section 72 (regulations)— (a) after subsection (1), insert—

      35. 35.In section 73(1) (interpretation)— (a) in the definition of “commissioner”,...

      36. 36.In Schedule 1 (determination of amount of creditor’s claim), in...

      37. 37.In Part 2 of Schedule 7 (re-enactment of certain provisions...

      38. 38.Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)

      39. 39.Fire (Scotland) Act 2005 (asp 5)

      40. 40.Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)

      41. 41.Housing (Scotland) Act 2010 (asp 17)

    4. SCHEDULE 4


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