SCHEDULE 1FORMS

Regulation 3

LIST OF FORMS TO BE USED

Form

Purpose

Relevant provisions of the Act

Relevant provision of the Regulations

Form consolidated

F1F2F31

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

F48

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

F5F611

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

F713

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

F8F926

Debtor Certificate of Discharge (where Accountant in Bankruptcy is the trustee)

Section 138(2)

Regulation 3

Form 8

F1027

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

SCHEDULE 2REGISTER OF INSOLVENCIES

Regulation 30

Annotations:
Marginal Citations

M1As provided for in section 29(5) of the Act.

M2As provided for in section 119(7) of the Act.

M3As provided for in section 141(7) of the Act.

M4As provided for in section 70(4)(b) of the Act.

M5As required by section 149(8)(a) of the Act.

M6Under section 146 or 147 of the Act.

A. Sequestrations

  • Name of debtor

  • Debtor's date of birth (where known)

  • Debtor's residence and any former residence within the past 5 years and principal place of business (if any) at date of sequestration or date of death

  • Date of death in case of deceased debtor

  • Occupation of debtor

  • Whether sequestration awarded by sheriff or by AiB

  • Date of any order converting protected trust deed to sequestration

  • Whether sequestration under paragraph 1 of schedule 1 of the Act (the Minimal Asset Process (“MAP”))

  • Name and address of petitioner for sequestration (where applicable)

  • Court by which sequestration awarded (where applicable)

  • Date of presentation of petition (where applicable)

  • Date of first order (where applicable)

  • Date of award of sequestration

  • Particulars of petition for recall of sequestration M1 (where applicable)

  • Date of recall of sequestration (where applicable)

  • Name and address of trustee and date of appointment

  • Level of debt when trustee's statement of debtor's affairs is produced

  • Level of assets when trustee's statement of debtor's affairs is produced

  • Name and address of trustee (or replacement trustee) and date of confirmation of appointment

  • Particulars of notice of public examination of debtor or relevant person M2 (where applicable)

  • If the MAP ceases to apply

  • Issue of certificate deferring debtor's discharge indefinitely M3 (where applicable)

  • Particulars of any application for removal of trustee M4 and any order removing trustee or declaring office vacant

  • Date of debtor's discharge and whether on composition or by operation of law

  • Date of trustee's discharge M5 and of any decision to grant or refuse certificate of discharge

  • Period of any MAP bankruptcy credit restriction following discharge M6

B. Protected trust deeds for creditors

  • Name and address of granter of trust deed

  • Granter's date of birth (where known)

  • Address of the centre of main interests and all establishments, within the meaning of the F11Regulation (EU) 2015/848 F12(as it forms part of domestic law on and after exit day), of the granter of the trust deed,F13...

  • Whether the protected trust deed is considered to be main or territorial proceedings within the meaning of the said F14EU Regulation

  • The location and nature of any other insolvency proceedings

  • Name and address of trustee under deed

  • Date (or dates) of execution of deed

  • Date on which copy deed and certificate of accession was registered

  • Date of registration of statement indicating how the estate was realised and distributed and certificate to the effect that the distribution was in accordance with the trust deed

  • Date of trustee's discharge

  • Date of registration of copy of order of court that non-acceding creditor is not bound by trustee's discharge

C. Bankruptcy Restrictions Orders, Interim Bankruptcy Restrictions Orders and Bankruptcy Restrictions Undertakings

  • Name of debtor

  • Debtor's date of birth (where known)

  • Date of sequestration

  • Date of making of bankruptcy restrictions order or interim bankruptcy restrictions order

  • Date of acceptance of bankruptcy restrictions undertaking

  • Date of order varying bankruptcy restrictions order or bankruptcy restrictions undertaking (where applicable)

  • Date of annulment or revocation of bankruptcy restrictions order or bankruptcy restrictions undertaking (where applicable)

  • Date of discharge of bankruptcy restrictions undertaking (where applicable)

  • Date bankruptcy restrictions order, interim bankruptcy restrictions order or bankruptcy restrictions undertaking ceased to have effect

Annotations:
Marginal Citations

M7As provided for in section 195(1) or 196(1) of the Act.

D. Moratorium

Notice of intention to apply – moratorium on diligence M7 (where applicable)

E. Winding up and receivership of business associations

  • Company number

  • Company name

  • Type of proceedings

  • Name of office holder(s)

  • Date of appointment of office holder(s)

  • Date of termination of appointment of office holder(s)

  • Date of winding-up order (for compulsory liquidations)

  • Court by which company wound up

SCHEDULE 3REVOCATIONS

Regulation 32

Regulations revoked

Extent of revocation

References

The Bankruptcy (Certificate for Sequestration) (Scotland) Regulations 2010

The whole instrument.

S.S.I. 2010/397, amended by S.S.I. 2014/296.

The Bankruptcy (Scotland) Regulations 2014

Regulations 2(2) to 20, 22 to 24 and the schedules.

S.S.I. 2014/225, amended by S.S.I. 2015/80.

The Bankruptcy (Miscellaneous Amendments) (Scotland) Regulations 2015

Regulation 2.

S.S.I. 2015/80

The Common Financial Tool etc. (Scotland) Regulations 2014

Regulations 1 to 5 and 11.

S.S.I. 2014/290 amended by S.S.I. 2015/149.

The Common Financial Tool etc. (Scotland) Amendment Regulations 2015

The whole instrument.

S.S.I. 2015/149

The Bankruptcy (Money Advice and Deduction from Income etc.) (Scotland) Regulations 2014

The whole instrument.

S.S.I. 2014/296.