PART 2

Amendments to secondary legislation

Amendment of the Bankruptcy Fees (Scotland) Regulations 2018
5
1
The Bankruptcy Fees (Scotland) Regulations 2018 are amended as follows.
2
In regulation 2 omit the definition of “member State insolvency practitioner”.
3
In Part 2 of the Table of Fees in the schedule (fees for other functions of the Accountant in Bankruptcy) omit item 21 (fee for conversion of a trust deed into sequestration).

Amendment of the Public Services Reform (Insolvency) (Scotland) Order 2016
6
In the Public Services Reform (Insolvency) (Scotland) Order 2016 omit article 15(6)(b) and the word “or” immediately preceding it.

Amendment of the Bankruptcy (Scotland) Regulations 2016
7
1
The Bankruptcy (Scotland) Regulations 2016 are amended as follows.
2
In schedule 1 (forms), in form 11 (statement of claim by creditor) omit note 4 (particulars of each debt: claim by Member State liquidator).
3
In schedule 2 (register of insolvencies), section B (protected trust deeds for creditors)—
a
after “Regulation (EU) 2015/848” insert “ (as it forms part of domestic law on and after exit day) ”, and
b
omit from “unless the granter” to “within the meaning of the said EU Regulation”.

Amendment of the Bankruptcy (Applications and Decisions) (Scotland) Regulations 2016
8
1
The Bankruptcy (Applications and Decisions) (Scotland) Regulations 2016 are amended as follows.
2
Omit regulation 17 (conversion of protected trust deed into bankruptcy).
3
In the schedule, omit forms 6 (conversion of protected trust deed into bankruptcy: section 190 application) and 7 (conversion of protected trust deed into bankruptcy: section 192 award).

Saving
9
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The amendments made by regulations 2 to 8 do not apply in respect of any insolvency proceedings and actions falling within Article 67(3)(c) of the withdrawal agreement.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S.S.I. 2018/127. A relevant amendment has been made by S.S.I. 2017/210.
S.S.I. 2016/141. A relevant amendment has been made by S.S.I. 2017/210.
S.S.I. 2016/397. Relevant amendments have been made by S.S.I. 2017/210.
S.S.I. 2016/295. Relevant amendments have been made by S.S.I. 2017/210.
Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
Reg. 9(1)(a) omitted (31.12.2020 immediately before IP completion day) by virtue of The Insolvency (Amendment) (EU Exit) (Scotland) Regulations 2020 (S.S.I. 2020/337), regs. 1, 2(2)(a)
Words in reg. 9(2) substituted (31.12.2020 immediately before IP completion day) by The Insolvency (Amendment) (EU Exit) (Scotland) Regulations 2020 (S.S.I. 2020/337), regs. 1, 2(2)(b)
Reg. 9(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Insolvency (Amendment) (EU Exit) (Scotland) Regulations 2020 (S.S.I. 2020/337), regs. 1, 2(2)(c)