2014 No. 172 (C. 13)

Insolvency
Bankruptcy
Debt

The Bankruptcy and Debt Advice (Scotland) Act 2014 (Commencement No. 1 and Saving) Order 2014

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Order in exercise of the power conferred by section 57(2) and (3) of the Bankruptcy and Debt Advice (Scotland) Act 20141 and all other powers enabling them in that behalf.

Citation and commencement1

This Order may be cited as the Bankruptcy and Debt Advice (Scotland) Act 2014 (Commencement No. 1 and Saving) Order 2014 and comes into force on 30th June 2014.

Day appointed2

1

The day appointed for the coming into force of the provisions of the Bankruptcy and Debt Advice (Scotland) Act 2014 (“the 2014 Act”) specified in column 1 of the table in the Schedule to this Order (the subject matter of which is specified in column 2 of that table) is 30th June 2014.

2

Where a purpose is specified in column 3 of that table, a provision mentioned in column 1 comes into force in accordance with paragraph (1) only for that purpose.

Saving: debt arrangement scheme3

Section 53 of, and paragraph 38 of schedule 3 to, the 2014 Act as brought into force by this Order do not affect regulations made under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 20022, except to allow regulations to be made on or after 30th June 2014.

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

SCHEDULE

Article 2

Column 1

(provision of the Bankruptcy and Debt Advice (Scotland) Act 2014)

Column 2

(subject matter)

Column 3

(purpose)

Section 1(2)

Sequestration of estate of living debtor - money advice

For the purpose of making regulations, orders or rules of court

Section 2

Financial education for debtor

For the purpose of making regulations, orders or rules of court

Section 3

Debtor’s contribution: common financial tool

Section 4

Debtor contribution order

For the purpose of making regulations, orders or rules of court

Section 5 and schedule 1

Debtor application (sequestration where debtor has few assets)

For the purpose of making regulations, orders or rules of court

Section 7

Discharge, conditions etc.

For the purpose of making regulations, orders or rules of court

Section 9(1)

Statement of undertakings

For the purpose of making regulations, orders or rules of court

Section 17

Discharge of debtor

For the purpose of making regulations, orders or rules of court

Section 19

Deferral of discharge where debtor cannot be traced

For the purpose of making regulations, orders or rules of court

Section 21

Assets discovered after trustee discharge: appointment of trustee

For the purpose of making regulations, orders or rules of court

Section 22

Register of insolvencies

For the purpose of making regulations, orders or rules of court

Section 23(1)

Sederunt book: format

For the purpose of making directions, regulations, orders or rules of court

Section 23(3)

Sederunt book: inspection

For the purpose of making regulations, orders or rules of court

Section 36

Regulations: applications to Accountant in Bankruptcy etc.

Section 44

Representation of Accountant in Bankruptcy in Sheriff Court

Section 46

Time limits for sequestration of limited partnership

For the purpose of making regulations, orders or rules of court

Section 48

Effect of sequestration: renewal of period of inhibition etc.

For the purpose of making regulations, orders or rules of court

Section 53(1)

Debt arrangement scheme: amendments

For the purpose of amendments insofar as brought into force by this Order.

Section 53(2) and (4)

Debt arrangement scheme: non-natural persons

For the purpose of making regulations, orders or rules of court.

Section 53(3)

Debt arrangement scheme: remuneration

Section 56

Minor and consequential amendments and repeals

For the purpose of amendments insofar as brought into force by this Order.

In schedule 3—

(Minor and consequential amendments)

  1. a

    paragraph 1

Lay representation on discharge appeal

  1. a

    paragraph 2

Minor and consequential amendments of the Bankruptcy (Scotland) Act 19853

For the purpose of amendments insofar as brought into force by this Order.

  1. a

    paragraph 34

Regulations

  1. a

    paragraph 35(h)

Interpretation: statement of undertakings

  1. a

    paragraph 38

Debt arrangement scheme: regulation procedure

In schedule 4—

(Repeals)

  1. a

    in relation to the Bankruptcy (Scotland) Act 1985—

  1. i

    the repeal of section 5B(5)(d)4

Regulations

  1. i

    the repeal in section 72(1)

Regulations

  1. i

    the repeal of Schedule 5, paragraph 5(2)(aa)5

Regulations

  1. a

    the repeal in the Home Owner and Debtor Protection (Scotland) Act 20106

Regulations

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Bankruptcy and Debt Advice (Scotland) Act 2014 (“the 2014 Act”).

It commences from 30th June 2014 the provisions of the 2014 Act set out in the Schedule to this Order to allow subordinate legislation to be made under the Bankruptcy (Scotland) Act 1985, and the Debt Arrangement and Attachment (Scotland) Act 2002 (section 53 and paragraph 38 of schedule 3). It also commences from that date section 44 of the 2014 Act on representation of the Accountant in Bankruptcy in the Sheriff Court.

Article 3 makes saving provision for the avoidance of doubt so it is clear there is no effect on the operation of the debt arrangement scheme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 before new regulations are made to amend that scheme.

The 2014 Act received Royal Assent on 29th April 2014. Sections 54, 55, 57 and 58 came into force on the day after Royal Assent.