PART 17

Miscellaneous

Disqualification provisions: power to make regulations
223
1
The Scottish Ministers may make regulations under this section in relation to a disqualification provision.
2
A “disqualification provision” is a provision, made by or under any enactment, which disqualifies (whether permanently or temporarily and whether absolutely or conditionally) a relevant debtor or a category of relevant debtors from—
a
being elected or appointed to an office or position,
b
holding an office or position, or
c
becoming or remaining a member of a body or group.
3
In subsection (2), the reference to a provision which disqualifies a person conditionally includes a reference to a provision which enables the person to be dismissed.
4
Regulations under subsection (1) may repeal or revoke the disqualification provision.
5
Regulations under subsection (1) may amend, or modify the effect of, the disqualification provision—
a
so as to reduce the category of relevant debtors to whom the disqualification provision applies,
b
so as to extend the disqualification provision to some or all natural persons who are subject to a bankruptcy restrictions order,
c
so that the disqualification provision applies only to some or all natural persons who are subject to a bankruptcy restrictions order,
d
so as to make the application of the disqualification provision wholly or partly subject to the discretion of a specified person, body or group.
6
Regulations made by virtue of subsection (5)(d) may provide for a discretion to be subject to—
a
the approval of a specified person or body,
b
appeal to a specified person, body, court or tribunal.
7
The Scottish Ministers may be specified for the purposes of subsection (5)(d) or (6)(a) or (b).
8
In this section, “bankruptcy restrictions order” includes—
a
a bankruptcy restrictions order made under paragraph 1 of schedule 4A of the Insolvency Act 1986, and
b
a bankruptcy restrictions undertaking entered into under paragraph 7 of that schedule.
9
In this section, “relevant debtor” means a debtor—
a
whose estate has been sequestrated,
b
who has granted (or on whose behalf has been granted) a trust deed,
c
who has been adjudged bankrupt by a court in England and Wales or in Northern Ireland, or
d
who, in England and Wales or in Northern Ireland, has made an agreement with the debtor's creditors—
i
for a composition in satisfaction of the debtor's debts,
ii
for a scheme of arrangement of the debtor's affairs, or
iii
for some other kind of settlement or arrangement.
10
Regulations under this section may make—
a
provision generally or for a specified purpose only,
b
different provision for different purposes, and
c
transitional, consequential or incidental provision.
S. 223 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2