SCHEDULE

List of forms to be used in connection with protected trust deeds
Regulation 2(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) , 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 | Section 184(1)(b) and (2)(a) and section 184B
5A | 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)
Sch. in force at 30.11.2016, see reg. 1(1)
Words 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)
Sch. 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)
Sch. 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)
Sch. 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)
Words 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)
Words 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)
Sch. 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.
Sch. 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)
Sch. 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)