The Bankruptcy and Diligence (Scotland) Act 2024 (Commencement No. 1, Transitional and Saving Provisions) Regulations 2024

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force sections 6, 8 to 10, 13, 17, 19 and 20 of the Bankruptcy and Diligence (Scotland) Act 2024 (“the Act”) on 20 January 2025.

Regulation 3 makes transitional provision in relation to the commencement of section 9 of the Act (time periods for appeals against decisions by the Accountant in Bankruptcy (“AiB”)) and provides that:

• in relation to section 69 of the Bankruptcy (Scotland) Act 2016 (“the 2016 Act”), where a determination of the commissioners, fixing the amount of outlays and remuneration payable to a trustee in sequestration (or their representatives) on their resignation or death has been appealed to AiB, and AiB has issued a decision before 20 January 2025, that decision may be appealed to the sheriff up to 14 days after that date, instead of within 14 days after that decision;

• in relation to section 134 of the 2016 Act, where a determination of commissioners fixing the amount of outlays and remuneration payable to a trustee has been appealed to AiB and AiB has issued a decision before 20 January 2025, that decision may be appealed to the sheriff up to 14 days after that date, instead of within 14 days after that decision.

Regulation 4 provides that section 10 of the Act (protected trust deeds: information and time to be provided to debtor) has no bearing on a trust deed granted by the debtor before 20 January 2025.

Regulation 5 provides that section 17 of the Act (provision of debt advice and information package) has no bearing on a creditor application for warrant for diligence on the dependence made to the court before 20 January 2025.

The Bill for the Act received Royal Assent on 15 July 2024. Sections 21, 22 and 23 came into force the following day.