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The Bankruptcy (Scotland) Regulations 2016

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Bankruptcy (Scotland) Regulations 2016 No. 397

Regulation 3

SCHEDULE 1FORMS

This schedule has no associated Policy Notes

LIST OF FORMS TO BE USED

FormPurposeRelevant provisions of the ActRelevant provision of the RegulationsForm consolidated
1Debtor ApplicationSections 2(1)(a), 5(a), 8(3)(a), 224(3)(c) and 228(1)Regulation 12(1)(a)Form 14
2Certificate for sequestrationSection 9Regulation 8(1)S.S.I. 2010/397, amended by S.S.I. 2014/296.
3Debtor 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
4Statement of Assets and Liabilities (Trusts, Partnerships etc.)Sections 6(9), 8(3)(a) and 228(1)Regulation 12(1)(b)Form 16
5Statutory Demand for Payment of DebtSection 16(1)(i)Regulation 3Form 2
6Oath By CreditorSection 19(1)Regulation 3Form 3
7Form of Schedule of Award of Sequestration on Application by Debtor or ExecutorSection 22(1) and (2)Regulation 12(3)Form 18
8Form of Refusal of Award of SequestrationSection 22Regulation 12(5)Form 19
9Notice of Award of Sequestration to the KeeperSection 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 3Form 4
11Statement of Claim by CreditorSections 46(2)(a) and 122(9)(a)Regulation 3Form 5
12Form of Undertaking to act as Trustee in Sequestration on the Application of a DebtorSection 51(8) and (9)Regulation 12(2)Form 17
13Statement of UndertakingsSections 8(3)(b), 51(14), 54(4) and 228(1)Regulation 3Form 1
14Trustee Application for Authority to Resign Office as Trustee in SequestrationSection 69(1)Regulation 23Form 21
15Notice of Abandonment of Heritable Property by Trustee in Sequestration where Accountant in Bankruptcy not the TrusteeSection 87(8)Regulation 24Form 22
16Notice of Abandonment of Heritable Property where the Accountant in Bankruptcy is the TrusteeSection 87(8)Regulation 24Form 23
17Debtor Contribution Order (Debtor Application)Section 90(1)(a)Regulation 19Form 24
18Debtor Contribution Order (Petition for Sequestration)Section 90(1)(b)Regulation 19Form 25
19Deduction from Income – Debtor’s payment instruction to employer or third personSection 94(2) and (7)(a)Regulation 20(2)(a)S.S.I. 2014/296, Form 1
20Deduction from Income – Trustee’s payment instruction to employer or third personSection 94(4) and (7)(a)Regulation 20(2)(b)S.S.I. 2014/296, Form 2
21Deduction from Income – Payment variation instruction to employer or third personSection 94(2), (4) and (7)(a)Regulation 20(7)S.S.I. 2014/296, Form 3
22Notice of Proceedings by Trustee to Obtain Authority in Relation to Debtor’s Family HomeSection 113(4) and (5)Regulation 3Form 26
23Debtor’s Account of Current State of AffairsSection 116(2)Regulation 3Form 27
24Notice by Trustee: Public Examination of the Debtor or a Relevant PersonSection 119(6)(a)Regulation 3Form 6
25Debtor Certificate of Discharge (where Accountant in Bankruptcy not the trustee)Section 137(2)Regulation 3Form 7
26Debtor Certificate of Discharge (where Accountant in Bankruptcy is the trustee)Section 138(2)Regulation 3Form 8
27Debtor Certificate of Discharge (debtor to whom section 2(2) applies)Section 140(2)Regulation 3Form 9
28Deferral NoticeSection 141(2)(a)Regulation 3Form 10
29Application for DeferralSection 141(2)(c)Regulation 3Form 11
30Certificate of Deferral of DischargeSection 141(4)(b) or (6)(b)Regulation 27Form 28
31Trustee Application for Authority to Resign Office: debtor not tracedSection 142(2)Regulation 3Form 12
32Notice granting Trustee Authority to Resign OfficeSection 142(5)Regulation 3Form 13
33Moratorium – Notice of Intention to ApplySection 195(1)Regulation 29Form 29
34Moratorium – Notice of Intention to Apply (Trust, Partnership, etc.)Section 196(1)Regulation 29Form 30

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