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The Bankruptcy (Scotland) Regulations 2016
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Regulation 3
SCHEDULE 1SFORMS
This schedule has no associated Policy Notes
LIST OF FORMS TO BE USEDS
| Form | Purpose | Relevant provisions of the Act | Relevant provision of [F1these Regulations or any other Regulations as may be specified] | Form consolidated |
|---|---|---|---|---|
| 1 | Debtor Application | Sections 2(1)(a), 5(a), 8(3)(a), 224(3)(c) and 228(1) | Regulation 12(1)(a) | Form 14 |
| 2 | Certificate for sequestration | Section 9 | Regulation 8(1) | S.S.I. 2010/397, amended by S.S.I. 2014/296. |
| 3 | Debtor Application (Trust, Partnership etc.) | Sections 6(3)(a), (4)(b) and (7)(a) and 8(3)(a) and 228(1) | Regulation 12(1)(b) | Form 15 |
| 4 | Statement of Assets and Liabilities (Trusts, Partnerships etc.) | Sections 6(9), 8(3)(a) and 228(1) | Regulation 12(1)(b) | Form 16 |
| 5 | Statutory Demand for Payment of Debt | Section 16(1)(i) | Regulation 3 | Form 2 |
| 6 | Oath By Creditor | Section 19(1) | Regulation 3 | Form 3 |
| 7 | Form of Schedule of Award of Sequestration on Application by Debtor or Executor | Section 22(1) and (2) | Regulation 12(3) | Form 18 |
| 8 | Form of Refusal of Award of Sequestration | Section 22 | Regulation 12(5) | Form 19 |
| 9 | Notice of Award of Sequestration to the Keeper | Section 26(2) | Regulation 12(6) | Form 20 |
| 10 | Statement of Assets and Liabilities Petition by creditor or trustee under a trust deed | Section 41(2) and 228(1) | Regulation 3 | Form 4 |
| 11 | Statement of Claim by Creditor | Sections 46(2)(a) and 122(9)(a) | Regulation 3 | Form 5 |
| 12 | Form of Undertaking to act as Trustee in Sequestration on the Application of a Debtor | Section 51(8) and (9) | Regulation 12(2) | Form 17 |
| 13 | Statement of Undertakings | Sections 8(3)(b), 51(14), 54(4) and 228(1) | Regulation 3 | Form 1 |
| 14 | Trustee Application for Authority to Resign Office as Trustee in Sequestration | Section 69(1) | Regulation 23 | Form 21 |
| 15 | Notice of Abandonment of Heritable Property by Trustee in Sequestration where Accountant in Bankruptcy not the Trustee | Section 87(8) | Regulation 24 | Form 22 |
| 16 | Notice of Abandonment of Heritable Property where the Accountant in Bankruptcy is the Trustee | Section 87(8) | Regulation 24 | Form 23 |
| 17 | Debtor Contribution Order (Debtor Application) | Section 90(1)(a) | Regulation 19 | Form 24 |
| 18 | Debtor Contribution Order (Petition for Sequestration) | Section 90(1)(b) | Regulation 19 | Form 25 |
| 19 | Deduction from Income – Debtor's payment instruction to employer or third person | Section 94(2) and (7)(a) | Regulation 20(2)(a) | S.S.I. 2014/296, Form 1 |
| 20 | Deduction from Income – Trustee's payment instruction to employer or third person | Section 94(4) and (7)(a) | Regulation 20(2)(b) | S.S.I. 2014/296, Form 2 |
| 21 | Deduction from Income – Payment variation instruction to employer or third person | Section 94(2), (4) and (7)(a) | Regulation 20(7) | S.S.I. 2014/296, Form 3 |
| 22 | Notice of Proceedings by Trustee to Obtain Authority in Relation to Debtor's Family Home | Section 113(4) and (5) | Regulation 3 | Form 26 |
| 23 | Debtor's Account of Current State of Affairs | Section 116(2) | Regulation 3 | Form 27 |
| 24 | Notice by Trustee: Public Examination of the Debtor or a Relevant Person | Section 119(6)(a) | Regulation 3 | Form 6 |
| 25 | Debtor Certificate of Discharge (where Accountant in Bankruptcy not the trustee) | Section 137(2) | Regulation 3 | Form 7 |
| 26 | Debtor Certificate of Discharge (where Accountant in Bankruptcy is the trustee) | Section 138(2) | Regulation 3 | Form 8 |
| 27 | Debtor Certificate of Discharge (debtor to whom section 2(2) applies) | Section 140(2) | Regulation 3 | Form 9 |
| 28 | Deferral Notice | Section 141(2)(a) | Regulation 3 | Form 10 |
| 29 | Application for Deferral | Section 141(2)(c) | Regulation 3 | Form 11 |
| 30 | Certificate of Deferral of Discharge | Section 141(4)(b) or (6)(b) | Regulation 27 | Form 28 |
| 31 | Trustee Application for Authority to Resign Office: debtor not traced | Section 142(2) | Regulation 3 | Form 12 |
| 32 | Notice granting Trustee Authority to Resign Office | Section 142(5) | Regulation 3 | Form 13 |
| 33 | Moratorium – Notice of Intention to Apply | Section 195(1) | Regulation 29 | Form 29 |
| 34 | Moratorium – Notice of Intention to Apply (Trust, Partnership, etc.) | Section 196(1) | Regulation 29 | Form 30 |
| [F235 | Trustee application for authority to resign office – debtor’s failure to co-operate | Section 147A(3) | Regulation 3(5)(a) of the Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025 | Not applicable |
| 36 | Intention to resign notice | Section 147A(5)(a) | Regulation 3(5)(b) of the Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025 | Not applicable |
| 37 | Notice granting the trustee authority to resign office – debtor’s failure to co-operate | Section 147A(6)(b) | Regulation 3(5)(c) of the Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025 | Not applicable] |
Textual Amendments
F1Words in sch. 1 table substituted (25.6.2025) by The Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025 (S.S.I. 2025/145), regs. 1(1), 3(2)
F2Words in sch. 1 table inserted (25.6.2025) by The Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025 (S.S.I. 2025/145), regs. 1(1), 3(3), sch. Pt. 1
F3F4F5Form 1SDebtor Application
Textual Amendments
F3Sch. 1 Form 1: in the Statement of Undertakings, in undertaking 2, the word “application” is substituted for “award” (1.5.2017) by The Bankruptcy and Protected Trust Deeds (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/136), regs. 1, 2(3)(a)
F4Sch. 1 Form 1, section 3.1a: the sum "£25,000" is substituted for "£17,000" (29.3.2021) by The Bankruptcy (Miscellaneous Amendments) (Scotland) Regulations 2021 (S.S.I. 2021/148), regs. 1, 7(2)
F5Sch. 1 Form 1, undertaking 13: the words "the total Full Administration bankruptcy application fee" are substituted for “a further £110” (29.3.2021) by The Bankruptcy (Miscellaneous Amendments) (Scotland) Regulations 2021 (S.S.I. 2021/148), regs. 1, 7(3)
Form 2SCertificate for Sequestration
Form 3SDebtor Application (Trust, Partnership etc.)
Form 4SStatement of Assets and Liabilities (Trusts, Partnerships etc.)
Form 5SStatutory Demand for Payment of Debt
Form 6S Oath By Creditor
Form 7SForm of Schedule of Award of Sequestration on Application by Debtor or Executor
F6Form 8SForm of Refusal of Award of Sequestration
Textual Amendments
F6Sch. 1 Form 8: the sum "£25,000" is substituted for "£17,000" (29.3.2021) by The Bankruptcy (Miscellaneous Amendments) (Scotland) Regulations 2021 (S.S.I. 2021/148), regs. 1, 8
Form 9SNotice of Award of Sequestration to the Keeper
Form 10SStatement of Assets and LiabilitiesPetition by creditor or trustee under a trust deed
F7F8Form 11SStatement of Claim by Creditor
Textual Amendments
F7Sch. 1 Form 11: in Note 4, the words “insolvency practitioner” are substituted for “liquidator” each time it occurs (26.6.2017) by The Insolvency (Regulation (EU) 2015/848) (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/210), regs. 1, 7(2) (with reg. 9)
F8Sch. 1 Form 11 Note 4 omitted (31.12.2020) by virtue of The Insolvency (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/94), regs. 1, 7(2) (with reg. 9) (as amended by S.S.I. 2020/337, regs. 1, 2); 2020 c. 1, Sch. 5 para. 1(1)
Form 12SForm of Undertaking to act as Trustee in Sequestration on the Application of a Debtor
F9Form 13SStatement of Undertakings
Textual Amendments
F9Sch. 1 Form 13: after “that” in the third line of undertaking 11, the word “date” is inserted (1.5.2017) by The Bankruptcy and Protected Trust Deeds (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/136), regs. 1, 2(3)(b)
Form 14STrustee Application for Authority to Resign Office as Trustee in Sequestration
Form 15SNotice of Abandonment of Heritable Property by Trustee in Sequestration where Accountant in Bankruptcy not the Trustee
Form 16SNotice of Abandonment of Heritable Property where the Accountant in Bankruptcy is the Trustee
Form 17SDebtor Contribution Order (Debtor Application)
Form 18SDebtor Contribution Order (Petition for Sequestration)
Form 19SDeduction from Income – Debtor's payment instruction to employer or third person
Form 20S Deduction from Income – Trustee's payment instruction to employer or third person
Form 21SDeduction from Income – Payment variation instruction to employer or third person
Form 22SNotice of Proceedings by Trustee to Obtain Authority in Relation to Debtor's Family Home
F10Form 23S Debtor's Account of Current State of Affairs
Textual Amendments
F10Sch. 1 Form 23: the words “section 87(2)” are substituted for “section 87(1)” (25.6.2025) by The Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025 (S.S.I. 2025/145), regs. 1(1), 3(4)
Form 24SNotice by Trustee: Public Examination of the Debtor or a Relevant Person
Form 25S Debtor Certificate of Discharge (where Accountant in Bankruptcy not the trustee)
F11F12Form 26S Debtor Certificate of Discharge (where Accountant in Bankruptcy is the trustee)
Textual Amendments
F11Sch. 1 Form 26: for the title to Notes, “Debtor certificate of discharge (where the Accountant in Bankruptcy is the trustee)” is substituted for “Debtor certificate of discharge” (1.5.2017) by The Bankruptcy and Protected Trust Deeds (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/136), regs. 1, 2(3)(c)(i)
F12Sch. 1 Form 26: in the third bullet point of Note (1), the words “justice of the peace court (or a district court)” are substituted for “district court” (1.5.2017) by The Bankruptcy and Protected Trust Deeds (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/136), regs. 1, 2(3)(c)(ii)
F13Form 27SDebtor Certificate of Discharge (debtor to whom section 2(2) applies)
Textual Amendments
F13Sch. 1 Form 27: the word “2016” is substituted for “1985 (as amended)” (1.5.2017) by The Bankruptcy and Protected Trust Deeds (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/136), regs. 1, 2(3)(d)
Form 28SDeferral Notice
Form 29SApplication for Deferral
Form 30SCertificate of Deferral of Discharge
Form 31STrustee Application for Authority to Resign Office: debtor not traced
Form 32SNotice granting Trustee Authority to Resign Office
Form 33SMoratorium – Notice of Intention to Apply
Form 34SMoratorium – Notice of Intention to Apply (Trust, Partnership, etc.)
[F14Form 35STrustee application for authority to resign office – debtor’s failure to co-operate]
Textual Amendments
F14Sch. 1 Form 35 inserted (25.6.2025) by The Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025 (S.S.I. 2025/145), regs. 1(1), 3(5)(a), sch. Pt. 2
[F15Form 36SIntention to resign notice]
Textual Amendments
F15Sch. 1 Form 36 inserted (25.6.2025) by The Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025 (S.S.I. 2025/145), regs. 1(1), 3(5)(b), sch. Pt. 3
[F16Form 37S Notice granting the trustee authority to resign office – debtor’s failure to co-operate]
Textual Amendments
F16Sch. 1 Form 37 inserted (25.6.2025) by The Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025 (S.S.I. 2025/145), regs. 1(1), 3(5)(c), sch. Pt. 4
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