Regulation 2(1)

F1 F2 F3 F4 F5SCHEDULESList of forms to be used in connection with protected trust deeds

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)