The Bankruptcy (Scotland) Regulations 2016

Regulation 3

SCHEDULE 1 FORMS

LIST OF FORMS TO BE USED

Form	Purpose	Relevant provisions of the Act	Relevant provision of the Regulations	Form consolidated
1	Debtor Application	Sections 2(1)(a), 5(a), 8(3)(a), 224(3)(c) and 228(1)	Regulation 12(1)(a)	Form 14
2	Certificate for sequestration	Section 9	Regulation 8(1)	S.S.I. 2010/397, amended by S.S.I. 2014/296.
3	Debtor Application (Trust, Partnership etc.)	Sections 6(3)(a), (4)(b) and (7)(a) and 8(3)(a) and 228(1)	Regulation 12(1)(b)	Form 15
4	Statement of Assets and Liabilities (Trusts, Partnerships etc.)	Sections 6(9), 8(3)(a) and 228(1)	Regulation 12(1)(b)	Form 16
5	Statutory Demand for Payment of Debt	Section 16(1)(i)	Regulation 3	Form 2
6	Oath By Creditor	Section 19(1)	Regulation 3	Form 3
7	Form of Schedule of Award of Sequestration on Application by Debtor or Executor	Section 22(1) and (2)	Regulation 12(3)	Form 18
8	Form of Refusal of Award of Sequestration	Section 22	Regulation 12(5)	Form 19
9	Notice of Award of Sequestration to the Keeper	Section 26(2)	Regulation 12(6)	Form 20
10	Statement of Assets and Liabilities Petition by creditor or trustee under a trust deed	Section 41(2) and 228(1)	Regulation 3	Form 4
11	Statement of Claim by Creditor	Sections 46(2)(a) and 122(9)(a)	Regulation 3	Form 5
12	Form of Undertaking to act as Trustee in Sequestration on the Application of a Debtor	Section 51(8) and (9)	Regulation 12(2)	Form 17
13	Statement of Undertakings	Sections 8(3)(b), 51(14), 54(4) and 228(1)	Regulation 3	Form 1
14	Trustee Application for Authority to Resign Office as Trustee in Sequestration	Section 69(1)	Regulation 23	Form 21
15	Notice of Abandonment of Heritable Property by Trustee in Sequestration where Accountant in Bankruptcy not the Trustee	Section 87(8)	Regulation 24	Form 22
16	Notice of Abandonment of Heritable Property where the Accountant in Bankruptcy is the Trustee	Section 87(8)	Regulation 24	Form 23
17	Debtor Contribution Order (Debtor Application)	Section 90(1)(a)	Regulation 19	Form 24
18	Debtor Contribution Order (Petition for Sequestration)	Section 90(1)(b)	Regulation 19	Form 25
19	Deduction from Income – Debtor’s payment instruction to employer or third person	Section 94(2) and (7)(a)	Regulation 20(2)(a)	S.S.I. 2014/296, Form 1
20	Deduction from Income – Trustee’s payment instruction to employer or third person	Section 94(4) and (7)(a)	Regulation 20(2)(b)	S.S.I. 2014/296, Form 2
21	Deduction from Income – Payment variation instruction to employer or third person	Section 94(2), (4) and (7)(a)	Regulation 20(7)	S.S.I. 2014/296, Form 3
22	Notice of Proceedings by Trustee to Obtain Authority in Relation to Debtor’s Family Home	Section 113(4) and (5)	Regulation 3	Form 26
23	Debtor’s Account of Current State of Affairs	Section 116(2)	Regulation 3	Form 27
24	Notice by Trustee: Public Examination of the Debtor or a Relevant Person	Section 119(6)(a)	Regulation 3	Form 6
25	Debtor Certificate of Discharge (where Accountant in Bankruptcy not the trustee)	Section 137(2)	Regulation 3	Form 7
26	Debtor Certificate of Discharge (where Accountant in Bankruptcy is the trustee)	Section 138(2)	Regulation 3	Form 8
27	Debtor Certificate of Discharge (debtor to whom section 2(2) applies)	Section 140(2)	Regulation 3	Form 9
28	Deferral Notice	Section 141(2)(a)	Regulation 3	Form 10
29	Application for Deferral	Section 141(2)(c)	Regulation 3	Form 11
30	Certificate of Deferral of Discharge	Section 141(4)(b) or (6)(b)	Regulation 27	Form 28
31	Trustee Application for Authority to Resign Office: debtor not traced	Section 142(2)	Regulation 3	Form 12
32	Notice granting Trustee Authority to Resign Office	Section 142(5)	Regulation 3	Form 13
33	Moratorium – Notice of Intention to Apply	Section 195(1)	Regulation 29	Form 29
34	Moratorium – Notice of Intention to Apply (Trust, Partnership, etc.)	Section 196(1)	Regulation 29	Form 30

Regulation 30

SCHEDULE 2 REGISTER OF INSOLVENCIES

A. Sequestrations

• Name of debtor

• Debtor’s date of birth (where known)

• Debtor’s residence and any former residence within the past 5 years and principal place of business (if any) at date of sequestration or date of death

• Date of death in case of deceased debtor

• Occupation of debtor

• Whether sequestration awarded by sheriff or by AiB

• Date of any order converting protected trust deed to sequestration

• Whether sequestration under paragraph 1 of schedule 1 of the Act (the Minimal Asset Process (“MAP”))

• Name and address of petitioner for sequestration (where applicable)

• Court by which sequestration awarded (where applicable)

• Date of presentation of petition (where applicable)

• Date of first order (where applicable)

• Date of award of sequestration

• Particulars of petition for recall of sequestration(1) (where applicable)

• Date of recall of sequestration (where applicable)

• Name and address of trustee and date of appointment

• Level of debt when trustee’s statement of debtor’s affairs is produced

• Level of assets when trustee’s statement of debtor’s affairs is produced

• Name and address of trustee (or replacement trustee) and date of confirmation of appointment

• Particulars of notice of public examination of debtor or relevant person(2) (where applicable)

• If the MAP ceases to apply

• Issue of certificate deferring debtor’s discharge indefinitely(3) (where applicable)

• Particulars of any application for removal of trustee(4) and any order removing trustee or declaring office vacant

• Date of debtor’s discharge and whether on composition or by operation of law

• Date of trustee’s discharge(5) and of any decision to grant or refuse certificate of discharge

• Period of any MAP bankruptcy credit restriction following discharge(6)

B. Protected trust deeds for creditors

• Name and address of granter of trust deed

• Granter’s date of birth (where known)

• Address of the centre of main interests and all establishments, within the meaning of the Council Regulation (EC) No 1346/2000(7), of the granter of the trust deed, unless the granter of the trust deed is an undertaking as described in Article 1(2) of the said Council Regulation

• Whether the protected trust deed is considered to be main or territorial proceedings within the meaning of the said Council Regulation

• The location and nature of any other insolvency proceedings

• Name and address of trustee under deed

• Date (or dates) of execution of deed

• Date on which copy deed and certificate of accession was registered

• Date of registration of statement indicating how the estate was realised and distributed and certificate to the effect that the distribution was in accordance with the trust deed

• Date of trustee’s discharge

• Date of registration of copy of order of court that non-acceding creditor is not bound by trustee’s discharge

C. Bankruptcy Restrictions Orders, Interim Bankruptcy Restrictions Orders and Bankruptcy Restrictions Undertakings

• Name of debtor

• Debtor’s date of birth (where known)

• Date of sequestration

• Date of making of bankruptcy restrictions order or interim bankruptcy restrictions order

• Date of acceptance of bankruptcy restrictions undertaking

• Date of order varying bankruptcy restrictions order or bankruptcy restrictions undertaking (where applicable)

• Date of annulment or revocation of bankruptcy restrictions order or bankruptcy restrictions undertaking (where applicable)

• Date of discharge of bankruptcy restrictions undertaking (where applicable)

• Date bankruptcy restrictions order, interim bankruptcy restrictions order or bankruptcy restrictions undertaking ceased to have effect

D. Moratorium

• Notice of intention to apply – moratorium on diligence(8) (where applicable)

E. Winding up and receivership of business associations

• Company number

• Company name

• Type of proceedings

• Name of office holder(s)

• Date of appointment of office holder(s)

• Date of termination of appointment of office holder(s)

• Date of winding-up order (for compulsory liquidations)

• Court by which company wound up

Regulation 32

SCHEDULE 3 REVOCATIONS

Regulations revoked	Extent of revocation	References
The Bankruptcy (Certificate for Sequestration) (Scotland) Regulations 2010	The whole instrument.	S.S.I. 2010/397, amended by S.S.I. 2014/296.
The Bankruptcy (Scotland) Regulations 2014	Regulations 2(2) to 20, 22 to 24 and the schedules.	S.S.I. 2014/225, amended by S.S.I. 2015/80.
The Bankruptcy (Miscellaneous Amendments) (Scotland) Regulations 2015	Regulation 2.	S.S.I. 2015/80
The Common Financial Tool etc. (Scotland) Regulations 2014	Regulations 1 to 5 and 11.	S.S.I. 2014/290 amended by S.S.I. 2015/149.
The Common Financial Tool etc. (Scotland) Amendment Regulations 2015	The whole instrument.	S.S.I. 2015/149
The Bankruptcy (Money Advice and Deduction from Income etc.) (Scotland) Regulations 2014	The whole instrument.	S.S.I. 2014/296.

(1)

As provided for in section 29(5) of the Act.

(2)

As provided for in section 119(7) of the Act.

(3)

As provided for in section 141(7) of the Act.

(4)

As provided for in section 70(4)(b) of the Act.

(5)

As required by section 149(8)(a) of the Act.

(6)

Under section 146 or 147 of the Act.

(7)

Council Regulation (EC) No. 1346/2000 of 29th May 2000 on insolvency proceedings (OJ L 160, 30.6.2000, p.19), replaced from 26th June 2017 by Regulation (EU) 2015/848 of the Council and the Parliament of 20th May 2015 on insolvency proceedings (OJ L 141, 5.6.2015, p.19).

(8)

As provided for in section 195(1) or 196(1) of the Act.