The Bankruptcy (Scotland) Regulations 2016

Regulation 30

SCHEDULE 2 S 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 M1 (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 M2 (where applicable)

• If the MAP ceases to apply

• Issue of certificate deferring debtor's discharge indefinitely M3 (where applicable)

• Particulars of any application for removal of trustee M4 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 M5 and of any decision to grant or refuse certificate of discharge

• Period of any MAP bankruptcy credit restriction following discharge M6

Marginal Citations

M1 As provided for in section 29(5) of the Act.

M2 As provided for in section 119(7) of the Act.

M3 As provided for in section 141(7) of the Act.

M4 As provided for in section 70(4)(b) of the Act.

M5 As required by section 149(8)(a) of the Act.

M6 Under section 146 or 147 of the Act.

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 [F1 Regulation (EU) 2015/848] [F2 (as it forms part of domestic law on and after exit day)], of the granter of the trust deed,F3 ...

• Whether the protected trust deed is considered to be main or territorial proceedings within the meaning of the said [F4 EU] 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

Textual Amendments

F1 Words in sch. 2 substituted (26.6.2017) by The Insolvency (Regulation (EU) 2015/848) (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/210), regs. 1, 7(3)(a) (with reg. 9)

F2 Words in sch. 2 inserted (31.12.2020) by The Insolvency (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/94), regs. 1, 7(3)(a) (with reg. 9) (as amended by S.S.I. 2020/337, regs. 1, 2); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in sch. 2 omitted (31.12.2020) by virtue of The Insolvency (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/94), regs. 1, 7(3)(b) (with reg. 9) (as amended by S.S.I. 2020/337, regs. 1, 2); 2020 c. 1, Sch. 5 para. 1(1)

F4 Word in sch. 2 substituted (26.6.2017) by The Insolvency (Regulation (EU) 2015/848) (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/210), regs. 1, 7(3)(b) (with reg. 9)

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 M7 (where applicable)

Marginal Citations

M7 As provided for in section 195(1) or 196(1) of the Act.

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