The Bankruptcy (Scotland) Amendment Regulations 1993

Amendments to the principal Regulations

6.—(1) The Schedule to the principal Regulations (which sets out the forms prescribed for the purposes of the provisions of the Act referred to therein) shall be amended as follows.

(2) In Form 8:—

(a) in the first column of the notes at the beginning of the form—

(i) after the words “section 55 of the Act”((1)) there shall be inserted “(as amended)”; and

(ii) in the quotation of subsection (1) of section 55 of the Act, for the words “subsection (2)” there shall be substituted the words “subsections (2) and (3)”; and

(b) in the second column of the notes, at the end of the quotation of subsection (2) of section 55 of the Act, there shall be inserted:—

“(3) the discharge of the debtor under the said section 54 shall not affect any right of a secured creditor—

(a) for a debt in respect of which the debtor has been discharged to enforce his security for payment of the debt and any interest due and payable on the debt until the debt is paid in full; or

(b) for an obligation in respect of which the debtor has been discharged to enforce his security in respect of the obligation.

• By virtue of section 39(6) of the Drug Trafficking Offences Act 1986 (c. 32), section 45(5)(c) of the Criminal Justice (Scotland) Act 1987 (c. 41) and section 170(1) of and paragraph 109 of Schedule 15 to the Criminal Justice Act 1988 (c. 33), section 55(2) of the Act has effect as if the reference to a fine included a reference to a confiscation order.”.

(3) For Forms 4 and 10 there shall be substituted respectively Forms 4 and 10 in the Schedule to these Regulations.

(1)

Section 55 was amended by paragraph 23 of Schedule 1 to the Bankruptcy (Scotland) Act 1993.