Explanatory Notes

Bankruptcy and Debt Advice (Scotland) Act 2014

2014 asp 11

29 April 2014

Commentary on Sections

Records

Section 22 – Register of insolvencies

47.Section 22 amends subsection (1)(b) of section 1A to the 1985 Act (‘Supervisory functions of the Accountant in Bankruptcy’), in order to provide that the form of the register of insolvencies will, in future, be governed by regulations made by the Scottish Ministers, instead of the Court of Session by act of sederunt. Regulations have been made in regulation 4 and Schedule 2 to the Bankruptcy (Scotland) Regulations 2014(10).

48.This section also inserts a new subsection (5), so regulations may allow certain details to be withheld from the register of insolvencies where, in the opinion of AiB, inclusion of any information would be likely to jeopardise the safety or welfare of any person (provision has been made in regulation 4(2) of the regulations referred to in the preceding paragraph).

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S.S.I. 2014/225, amended by regulation 2(6) of S.S.I. 2015/80.