The Bankruptcy (Scotland) Amendment Regulations 2008

Scottish Statutory Instruments

2008 No. 334

BANKRUPTCY

The Bankruptcy (Scotland) Amendment Regulations 2008

Made

6th October 2008

Laid before the Scottish Parliament

7th October 2008

Coming into force

14th November 2008

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 5(4C)(a) and (b), 72(1) and 73(1) of the Bankruptcy (Scotland) Act 1985(1) and all other powers enabling them to do so.

Citation and commencement

1.  These Regulations may be cited as the Bankruptcy (Scotland) Amendment Regulations 2008 and come into force on 14th November 2008.

Amendment of the Bankruptcy (Scotland) Regulations 2008

2.  In the Schedule to the Bankruptcy (Scotland) Regulations 2008(2)–

(a) for Form 9 (debtor application without concurrence) substitute Form 9 set out in Schedule 1 to these Regulations; and

(b) for Form 17 (statutory declaration of low income and low assets) substitute Form 17 set out in Schedule 2 to these Regulations.

Forms received before 1st January 2009

3.  The Accountant in Bankruptcy may, before 1st January 2009, accept–

(a) a debtor application; or

(b) a statutory declaration of low income and low assets,

made in Form 9 or 17 as prescribed in the Bankruptcy (Scotland) Regulations 2008 prior to the commencement of these Regulations.

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

6th October 2008

Regulation 2(a)

SCHEDULE 1

Regulation 2(b)

SCHEDULE 2

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Bankruptcy (Scotland) Regulations 2008 (“the principal Regulations”) to prescribe amended forms to be sent to the Accountant in Bankruptcy for debtor applications in respect of the Accountant in Bankruptcy’s functions under the Bankruptcy (Scotland) Act 1985.

There are two new forms (Forms 9 and 17) which can be found in Schedules 1 and 2 to these Regulations. Both forms replace the Forms 9 and 17 as set out in the Schedule to the principal Regulations. Form 9 is the debtor application for bankruptcy without the concurrence of their creditors. Form 17 is a statutory declaration by a debtor of low income and low assets.

Regulation 3 allows the Accountant in Bankruptcy to accept applications using the old Forms 9 and 17 before 1st January 2009.

(1)

1985 c. 66. Section 5(4C) was inserted by section 14(3) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (“the 2007 Act”). Section 73(1) contains a definition of “debtor application” that is relevant to the exercise of the statutory powers under which these Regulations are made. Section 73(1) was amended by paragraph 60 of Schedule 1 to the 2007 Act.

(2)

S.S.I. 2008/82.