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) | |
(a) paragraph 1 | Lay representation on discharge appeal | |
(b) paragraph 2 | Minor and consequential amendments of the Bankruptcy (Scotland) Act 1985(1) | For the purpose of amendments insofar as brought into force by this Order. |
(c) paragraph 34 | Regulations | |
(d) paragraph 35(h) | Interpretation: statement of undertakings | |
(e) paragraph 38 | Debt arrangement scheme: regulation procedure | |
| In schedule 4— | (Repeals) | |
(a) in relation to the Bankruptcy (Scotland) Act 1985— | ||
(i) the repeal of section 5B(5)(d)(2) | Regulations | |
(ii) the repeal in section 72(1) | Regulations | |
(iii) the repeal of Schedule 5, paragraph 5(2)(aa)(3) | Regulations | |
(b) the repeal in the Home Owner and Debtor Protection (Scotland) Act 2010(4) | Regulations |
1985 c.66. The 1985 Act was significantly amended by the Bankruptcy (Scotland) Act 1993, sections 1 to 8 and Schedule 1, by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (“the 2007 Act”), Part 1 (except for sections 3, 4, 33 and 34), schedule 1, schedule 5, paragraph 13, and schedule 6, Part 1, article 8 of S.S.I. 2008/82, S.S.I. 2011/141 and S.S.I. 2013/225 and the Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11).
Section 5B was inserted by the 2007 Act, section 15(2).
Paragraph 5(2)(aa) was inserted by section 13(2) of the Home Owner and Debtor Protection (Scotland) Act 2010 (asp 6).