Search Legislation

The Bankruptcy and Debt Advice (Scotland) Act 2014 (Commencement No. 1 and Saving) Order 2014

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Article 2

SCHEDULE

This schedule has no associated Policy Notes

Column 1

(provision of the Bankruptcy and Debt Advice (Scotland) Act 2014)

Column 2

(subject matter)

Column 3

(purpose)

Section 1(2)Sequestration of estate of living debtor - money adviceFor the purpose of making regulations, orders or rules of court
Section 2Financial education for debtorFor the purpose of making regulations, orders or rules of court
Section 3Debtor’s contribution: common financial tool
Section 4Debtor contribution orderFor the purpose of making regulations, orders or rules of court
Section 5 and schedule 1Debtor application (sequestration where debtor has few assets)For the purpose of making regulations, orders or rules of court
Section 7Discharge, conditions etc.For the purpose of making regulations, orders or rules of court
Section 9(1)Statement of undertakingsFor the purpose of making regulations, orders or rules of court
Section 17Discharge of debtorFor the purpose of making regulations, orders or rules of court
Section 19Deferral of discharge where debtor cannot be tracedFor the purpose of making regulations, orders or rules of court
Section 21Assets discovered after trustee discharge: appointment of trusteeFor the purpose of making regulations, orders or rules of court
Section 22Register of insolvenciesFor the purpose of making regulations, orders or rules of court
Section 23(1)Sederunt book: formatFor the purpose of making directions, regulations, orders or rules of court
Section 23(3)Sederunt book: inspectionFor the purpose of making regulations, orders or rules of court
Section 36Regulations: applications to Accountant in Bankruptcy etc.
Section 44Representation of Accountant in Bankruptcy in Sheriff Court
Section 46Time limits for sequestration of limited partnershipFor the purpose of making regulations, orders or rules of court
Section 48Effect of sequestration: renewal of period of inhibition etc.For the purpose of making regulations, orders or rules of court
Section 53(1)Debt arrangement scheme: amendmentsFor the purpose of amendments insofar as brought into force by this Order.
Section 53(2) and (4)Debt arrangement scheme: non-natural personsFor the purpose of making regulations, orders or rules of court.
Section 53(3)Debt arrangement scheme: remuneration
Section 56Minor and consequential amendments and repealsFor the purpose of amendments insofar as brought into force by this Order.
In schedule 3—(Minor and consequential amendments)
(a)

paragraph 1

Lay representation on discharge appeal
(b)

paragraph 2

Minor and consequential amendments of the Bankruptcy (Scotland) Act 1985(1)For the purpose of amendments insofar as brought into force by this Order.
(c)

paragraph 34

Regulations
(d)

paragraph 35(h)

Interpretation: statement of undertakings
(e)

paragraph 38

Debt arrangement scheme: regulation procedure
In schedule 4—(Repeals)
(a)

in relation to the Bankruptcy (Scotland) Act 1985—

(i)

the repeal of section 5B(5)(d)(2)

Regulations
(ii)

the repeal in section 72(1)

Regulations
(iii)

the repeal of Schedule 5, paragraph 5(2)(aa)(3)

Regulations
(b)

the repeal in the Home Owner and Debtor Protection (Scotland) Act 2010(4)

Regulations
(1)

1985 c.66. The 1985 Act was significantly amended by the Bankruptcy (Scotland) Act 1993, sections 1 to 8 and Schedule 1, by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (“the 2007 Act”), Part 1 (except for sections 3, 4, 33 and 34), schedule 1, schedule 5, paragraph 13, and schedule 6, Part 1, article 8 of S.S.I. 2008/82, S.S.I. 2011/141 and S.S.I. 2013/225 and the Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11).

(2)

Section 5B was inserted by the 2007 Act, section 15(2).

(3)

Paragraph 5(2)(aa) was inserted by section 13(2) of the Home Owner and Debtor Protection (Scotland) Act 2010 (asp 6).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources