2014 No. 172 (C. 13)
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.
SCHEDULE
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) | |
| Lay representation on discharge appeal | |
| Minor and consequential amendments of the Bankruptcy (Scotland) Act 19853 | For the purpose of amendments insofar as brought into force by this Order. |
| Regulations | |
| Interpretation: statement of undertakings | |
| Debt arrangement scheme: regulation procedure | |
In schedule 4— | (Repeals) | |
| ||
| Regulations | |
| Regulations | |
| Regulations | |
| Regulations |
(This note is not part of the Order)