(This note is not part of the Order)
This Order brings into force provisions of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (“the Act”).
Article 3 brings provisions of Part 3 of the Act (enforcement) on the regulation of officers of court into force on 31st January 2011. Article 4 brings further provisions of that Part in relation to the conduct of officers of court into force on 1st April 2011.
Provisions of Part 3 of the Act brought into force by this Order are amended by schedule 4 to the Public Services Reform (Scotland) Act 2010 (asp 8) (“the 2010 Act”). Those amendments abolish the Scottish Civil Enforcement Commission, replace references to “judicial officers” in the Act with references to messengers-at-arms and sheriff officers and make other changes to the supervisory and regulatory structures for officers of court.
Article 5 revokes transitional arrangements for references to “judicial officer” superseded by the amendments made in schedule 4 to the 2010 Act.
The Act received Royal Assent on 15th January 2007. Sections 224, 225 and 227 of the Act came into force on Royal Assent and section 222 came into force on the day after Royal Assent.