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Bankruptcy and Diligence (Scotland) Act 2024

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    Commentary on Provisions(1)

    Mental health moratorium

    Section 1 – Moratorium on debt recovery action: debtors who have a mental illness

    6.This section imposes a duty on the Scottish Ministers to make provision by regulations to establish a moratorium (meaning a temporary suspension for a set amount of time) on debt recovery action in relation to individuals who have a mental illness. Subsection (2) sets out the things that regulations under this section may include provision about, but the list is neither exhaustive nor mandatory.

    7.Regulations under this section will be subject to the affirmative procedure. The regulations may make different provision for different purposes, modify any legislation and include incidental, supplementary, consequential, transitional, transitory or saving provision.

    1

    See the glossary in the Policy Memorandum for definition of terms.

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