SCHEDULE 1FORMS
LIST OF FORMS TO BE USED
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 |
SCHEDULE 2REGISTER OF INSOLVENCIES
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 F17Regulation (EU) 2015/848 F18(as it forms part of domestic law on and after exit day), of the granter of the trust deed,F19...
Whether the protected trust deed is considered to be main or territorial proceedings within the meaning of the said F20EU 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
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
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. |