2008 No. 334

BANKRUPTCY

The Bankruptcy (Scotland) Amendment Regulations 2008

Made

Laid before the Scottish Parliament

Coming into force

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 19851 and all other powers enabling them to do so.

Citation and commencement1

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 20082

In the Schedule to the Bankruptcy (Scotland) Regulations 20082–

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 20093

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 EWINGAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

SCHEDULE 1

Regulation 2(a)

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SCHEDULE 2

Regulation 2(b)

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(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.