Final provisions
Section 21 – Ancillary provision
63.This section provides the Scottish Ministers with the power to make any ancillary provision which they consider appropriate for the purposes of, in connection with, or for giving full effect to the Act. Regulations made under this section may modify any legislation. This power is exercisable by regulations. Where the regulations amend primary legislation, they are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010). Otherwise, they are subject to the negative procedure (see section 28 of that Act).
Section 22 – Commencement
64.This section sets out when the provisions of the Act will come into force (i.e. begin to have effect). Sections 21 to 23 will come into force automatically on the day after Royal Assent is granted. However, for the most part, commencement will take place on the date or dates specified by the Scottish Ministers in regulations. These regulations will be laid before the Scottish Parliament but will not otherwise be subject to any parliamentary procedure (see section 30 of the Interpretation and Legislative Reform (Scotland) Act 2010).
65.In addition, this section provides that commencement regulations may include transitional, transitory or saving provision and may make different provision for different purposes. In particular, this allows different sections of the Act to be commenced on different days.
Section 23 – Short title
66.This section provides for the short title of the resulting Act to be the Bankruptcy and Diligence (Scotland) Act 2024.
See the glossary in the Policy Memorandum for definition of terms.
