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The Protected Trust Deeds (Forms) (Scotland) Regulations 2016
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Regulation 2(1)
F1F2F3F4F5SCHEDULESList of forms to be used in connection with protected trust deeds
This schedule has no associated Policy Notes
Textual Amendments
F1Sch. Form 1B: in the third bullet point, the word “of” substituted for “if” (1.5.2017) by The Bankruptcy and Protected Trust Deeds (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/136), regs. 1, 3(2)(b)
F2Sch. Form 2: in the notes, the words “to do so” substituted for “to so” (1.5.2017) by The Bankruptcy and Protected Trust Deeds (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/136), regs. 1, 3(2)(c)
F3Sch. Form 3: in the heading, the words “Sections 170(1)(e), 171(1)(i)” substituted for “Section 170(1)(e) and (i)” (1.5.2017) by The Bankruptcy and Protected Trust Deeds (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/136), regs. 1, 3(2)(d)
F4Sch. Form 5: the words “Section 184(1)(b) and (2)(a) and section 184B” substituted for “Section 184(1)(b) and (2)(a)” (1.7.2024) by The Protected Trust Deeds (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/198), regs. 1(1), 7(3)(a)
F5Sch. Form 5: the words “, OR i. It is my opinion that, due to extenuating circumstances affecting the debtor *he/she/it is no longer able to fulfil *his/her/its obligations under the trust deed; there is no reasonable prospect of the debtor being able to resume meeting those obligations; and the debtor should be discharged under the terms of section 184B, and ii. I certify that a notice has been sent to each of the known creditors and the creditors who have objected in writing to the discharge of the debtor do not constitute a majority in number or more than 1/3 in value” inserted after “ii. the debtor has co-operated with the administration of the trust” (1.7.2024) by The Protected Trust Deeds (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/198), regs. 1(1), 7(3)(b)
Commencement Information
I1Sch. in force at 30.11.2016, see reg. 1(1)
| Form | Purpose | Relevant provision of the Act |
|---|---|---|
| 1 | Notice in the register of insolvencies by trustee under a trust deed for the benefit of creditor | Section 169 |
| 1A | Consents required for exclusion of a secured creditor from a protected trust deed | Section 166(2)(b) and (c) |
| 1B | Agreement in respect of heritable property | Section 175 |
| 2 | Statement of claim by creditors in a trust deed | Section 170(1)(b) |
| 2A | Income and Expenditure | Section 170(1)(d)(ii) |
| 3 | Trust deed protection proposal and trustee’s application | Section 170(1)(e) [F6, section 171(1)(i)] and section 183(1)(a) and (b) |
| 4 | Trustee’s annual statement report on protected trust deed management | Section 181(2) |
| 4A | Employee’s payment instruction to employer | Section 174(2) |
| 4B | Trustee’s payment instruction to employer | Section 174(3) |
| 4C | Payment variation instruction to employer | Section 174(2) and (4) |
| 5 | Application for discharge of debtor | [F7Section 184(1)(b) and (2)(a) and section 184B] |
| [F85A | Application for agreement to refuse debtor discharge | Section 184A] |
| 6 | Application to creditors for discharge of the trustee of a protected trust deed | Section 186(2) and (3) |
| 7 | Trustee statement of realisation and distribution of estate under a protected trust deed | Section 186(8) and (9) |
Textual Amendments
F6Words in sch. table substituted (1.5.2017) by The Bankruptcy and Protected Trust Deeds (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/136), regs. 1, 3(2)(a)
F7Words in sch. table substituted (1.7.2024) by The Protected Trust Deeds (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/198), regs. 1(1), 7(2)(a)
F8Words in sch. table inserted (1.7.2024) by The Protected Trust Deeds (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/198), regs. 1(1), 7(2)(b)
[F9
]
Textual Amendments
F9Sch. Form 5A inserted (1.7.2024) by The Protected Trust Deeds (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/198), reg. 1(1), sch.
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