Bankruptcy (Scotland) Act 2016

147 Section 146: sanctions

(1) If a debtor fails to comply with the requirement imposed by subsection (2) or (4) of section 146, that section applies in relation to the debtor as if the relevant period were the 12 months beginning with the date of discharge.

(2) If a debtor fails to comply with the requirement imposed by subsection (2) or (4) of section 146 during the period when the section applies in relation to the debtor by virtue of subsection (1), the debtor commits an offence.

(3) A debtor who commits an offence under subsection (2) is liable on summary conviction—

(a) to a fine not exceeding the statutory maximum,

(b) to imprisonment for—

(i) a term not exceeding 3 months, or

(ii) if the person has previously been convicted of an offence inferring dishonest appropriation of property (or an attempt at such appropriation), a term not exceeding 6 months, or

(c) both to such fine and to such imprisonment.

(4) A debtor who commits an offence under subsection (2) is liable on conviction on indictment—

(a) to a fine,

(b) to imprisonment for a term not exceeding 2 years, or

(c) both to such fine and to such imprisonment.