Modification of the Bankruptcy (Scotland) Act 2016
10Protected trust deeds: information and time to be provided to debtor
(1)
Part 14 of the Bankruptcy (Scotland) Act 2016 is modified as follows.
(2)
In section 167 (statements in and advice regarding trust deed)—
(a)
“(b)
the trustee must provide the debtor with—
(i)
a copy of a debt advice and information package, and
(ii)
a copy of a trust deed information document,
(ba)
the trustee must give the debtor adequate time to consider the advice and material provided under paragraphs (a) and (b),”, and
(b)
“(4)
For the purposes of subsection (3) a “trust deed information document” means a document containing such information (including information regarding the consequences of granting a trust deed), and in such form, as the Scottish Ministers may determine.
(5)
The trustee must have regard to any guidance issued by the Scottish Ministers about giving debtors adequate time to consider the advice and material provided under paragraphs (a) and (b) of subsection (3).
(6)
The Scottish Ministers must publish any guidance issued under subsection (5).”.