The Bankruptcy (Scotland) Regulations 2016
S C O T T I S H S T A T U T O R Y I N S T R U M E N T S
2016 No. 397
INSOLVENCY
BANKRUPTCY
DEBT
The Bankruptcy (Scotland) Regulations 2016
Made - - - - 24th November 2016
Coming into force - - 30th November 2016
CONTENTS
1. Citation and commencement
2. Interpretation
3. Forms
PART 1
Money advisers
4. Approved categories of money advisers
5. Persons who may not be approved money advisers
6. Other matters on which a debtor must obtain advice
7. Money advice on debtor applications: procedure on evidence and information
8. Certificate for sequestration: form and manner
9. Certificate for sequestration: fee
10. Certificate for sequestration: prescribed period
PART 2
Sequestration process
11. Debt advice and information package
12. Debtor applications
13. “Minimal Asset Process” debtors to whom section 2(2) of Act applies: prescribed
payments
14. “Minimal Asset Process” debtors to whom section 2(2) of Act applies: total assets
PART 3
Debtor’s contribution
2
15. Common financial tool
16. Common financial tool: contingency allowance
17. Common financial tool: supporting statements and evidence
18. Money Advice Trust licence requirements: report
19. Debtor contribution orders
20. Deduction from debtor’s earnings and other income
PART 4
Administration of sequestration
21. Claims in foreign currency
22. Conversion of foreign currency claims
23. Trustee resignation application
24. Abandonment of heritable property by trustee
25. Financial education
26. Interest on claims in sequestration
27. Certificate of deferral of debtor’s discharge
28. Premium of bond of caution
PART 5
Moratorium on diligence
29. Moratorium on diligence: notice of intention to apply
PART 6
Register of Insolvencies
30. Register of Insolvencies
PART 7
Limited partnerships
31. Application of Bankruptcy (Scotland) Act 2016 to limited partnerships
PART 8
Revocations and sequestrations and trust deeds before 30th November 2016
32. Revocations
33. Sequestrations and trust deeds before 30th November 2016
34. Moratorium on diligence: notice of intention to apply under Bankruptcy (Scotland)
Act 2016
SCHEDULE 1 — FORMS
SCHEDULE 2 — REGISTER OF INSOLVENCIES
SCHEDULE 3 — REVOCATIONS
The Scottish Ministers make the following Regulations in exercise of the powers conferred by
sections 2(2)(a)(ii) and (f), 3(1), 4(1)(d) and (2)(b), 6(8), 8(3)(a), 9(4)(b), 19(1), 46(2)(a) and (6),
3
48(1)(a), 51(14), 54(4), 87(8), 89, 94(7), 113(5), 116(2), 117(1), 119(6)(a), 126(5), 129(10)(a),
137(2), 138(2), 140(2) 141(2)(a) and (c), 142(2) and (5), 200(1)(c) and (8), 221, 224(1), 225(2),
228(1), 234(3)(b) and paragraph 2(5)(a) of schedule 1 of the Bankruptcy (Scotland) Act 2016(a)
(“the 2002 Act”) and all other powers enabling them to do so.
this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement
1. These Regulations may be cited as the Bankruptcy (Scotland) Regulations 2016 and come into
force on 30th November 2016.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Bankruptcy (Scotland) Act 2016;
“AiB” means the Accountant in Bankruptcy (with the meaning given by section 199 of the
Act);
“Common Financial Statement” means the style and format for income and expenditure
categories under that title (and, where relevant, related spread sheets, budget sheets, trigger
figures, guidance materials and notes) published by the Money Advice Trust(d);
“common financial tool” has the meaning given by section 89(1) of the Act (see regulations 15
to 17);
“debtor’s contribution” has the meaning given by section 89(1) of the Act; and
“the Keeper” means the Keeper of the Registers of Scotland.
(2) Any reference in these Regulations, except regulation 20, to anything done in writing or
produced in written form includes a reference to an electronic communication, as defined in
section 15(1) of the Electronic Communications Act 2000(e), which has been recorded and is
consequently capable of being reproduced.
Forms
3.—(1) The forms set out in schedule 1 are the forms referred to in regulations 8, 12, 19, 20, 23,
24, 27 and 29, failing which they are prescribed for the purposes of the provisions of the Act
referred to in the form.
(2) Any signature required as shown on a form set out in schedule 1 must be provided either
by—
(a) a manuscript signature; or
(b) except in Forms 19 to 21, an image of a manuscript signature sent electronically.
(a) 2016 asp 21 (“the Act”). Section 8(3)(a) is applied for the purposes of section 6, by section 6(9), of the Act. Section 228(1)
of the Act contains definitions of “prescribed” and “statement of assets and liabilities” relevant to the exercise of th e
statutory powers under which these Regulations are made.
(b) 2002 asp 1 7, as amended by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), sections 173, 209(1), 211 and
212 and schedule 4, paragraph 10, schedule 5, paragraph 30 and schedule 6, Part 1 . Section 7(2)(bd) was inserted by the
Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11) (“the 2014 Act”), section 3(2).
(c) Section 62(4) was amended by the 2014 Act, schedule 3 , paragraph 38(b) and has been modified by paragraph 5(2) of
schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (“the 2010 Act”). The powers to
make these Regulations are exercised together by virtue of section 33(2) and (3) of the 2010 Act.
(d) The Money Advice Trust is a company registered in England and Wales with registered number 4741583, registered charity
in England and Wales registration number 1099506. Available at www.cfs.moneyadvicetrust.org.
(e) 2000 c.7. Section 15(1) was amended by the Communications Act 2003 (c.21), section 406 and schedule 17, paragraph
158.
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