The Protected Trust Deeds (Miscellaneous Amendment) (Scotland) Regulations 2024

Amendment of the Protected Trust Deeds (Forms) (Scotland) Regulations 2016

7.—(1) The Protected Trust Deeds (Forms) (Scotland) Regulations 2016(1) are amended as follows.

(2) In the table at the beginning of the schedule (list of forms to be used in connection with protected trust deeds)—

(a) in the entry for Form 5 (application for discharge of debtor), in the third column, for “Section 184(1)(b) and (2)(a)” substitute “Section 184(1)(b) and (2)(a) and section 184B”,

(b) after the entry for Form 5, insert—

5A

Application for agreement to refuse debtor discharge

Section 184A

(3) In the schedule, in Form 5—

(a) for “Section 184(1)(b) and (2)(a)”, substitute “Section 184(1)(b) and (2)(a) and section 184B”,

(b) after “ii. the debtor has co-operated with the administration of the trust”, insert— “, OR

i.

It is my opinion that, due to extenuating circumstances affecting the debtor *he/she/it is no longer able to fulfil *his/her/its obligations under the trust deed; there is no reasonable prospect of the debtor being able to resume meeting those obligations; and the debtor should be discharged under the terms of section 184B, and

ii.

I certify that a notice has been sent to each of the known creditors and the creditors who have objected in writing to the discharge of the debtor do not constitute a majority in number or more than ⅓in value”.

(4) In the schedule, after Form 5, insert the form set out in the schedule of these Regulations.

(1)

S.S.I. 2016/398, as amended by S.S.I. 2017/136.