The Bankruptcy and Debt Advice (Scotland) Act 2014 (Commencement No. 1 and Saving) Order 2014

JurisdictionScotland
CitationSSI 2014/172
Year2014

2014No. 172 (C. 13)

INSOLVENCY

BANKRUPTCY

DEBT

The Bankruptcy and Debt Advice (Scotland) Act 2014 (Commencement No. 1 and Saving) Order 2014

16thJune2014

18thJune2014

30thJune2014

The Scottish Ministers make the following Order in exercise of the power conferred by section 57(2) and (3) of the Bankruptcy and Debt Advice (Scotland) Act 2014( 1) and all other powers enabling them in that behalf.

Citation and commencement

1. This Order may be cited as the Bankruptcy and Debt Advice (Scotland) Act 2014 (Commencement No. 1 and Saving) Order 2014 and comes into force on 30th June 2014.

Day appointed

2. (1) The day appointed for the coming into force of the provisions of the Bankruptcy and Debt Advice (Scotland) Act 2014 ("the 2014 Act") specified in column 1 of the table in the Schedule to this Order (the subject matter of which is specified in column 2 of that table) is 30th June 2014.

(2) Where a purpose is specified in column 3 of that table, a provision mentioned in column 1 comes into force in accordance with paragraph (1) only for that purpose.

Saving: debt arrangement scheme

3. Section 53 of, and paragraph 38 of schedule 3 to, the 2014 Act as brought into force by this Order do not affect regulations made under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002( 2), except to allow regulations to be made on or after 30th June 2014.

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh

16th June 2014

SCHEDULE

Article 2

Column 1

(provision of theBankruptcy andDebt Advice (Scotland) Act 2014)

Column 2

(subject matter)

Column 3

(purpose)

Section 1(2)

Sequestration of estate of living debtor - money advice

For the purpose of making regulations, orders or rules of court

Section 2

Financial education for debtor

For the purpose of making regulations, orders or rules of court

Section 3

Debtor's contribution: common financial tool

Section 4

Debtor contribution order

For the purpose of making regulations, orders or rules of court

Section 5 and schedule 1

Debtor application (sequestration where debtor has few assets)

For the purpose of making regulations, orders or rules of court

Section 7

Discharge, conditions

etc.

For the purpose of making regulations, orders or rules of court

Section 9(1)

Statement of undertakings

For the purpose of making regulations, orders or rules of court

Section 17

Discharge of debtor

For the purpose of making regulations, orders or rules of court

Section 19

Deferral of discharge where debtor cannot be traced

For the purpose of making regulations, orders or rules of court

Section 21

Assets discovered after trustee discharge: appointment of trustee

For the purpose of making regulations, orders or rules of court

Section 22

Register of insolvencies

For the purpose of making regulations, orders or rules of court

Section 23(1)

Sederunt book: format

For the purpose of making directions, regulations, orders or rules of court

Section 23(3)

Sederunt book: inspection

For the purpose of making regulations, orders or rules of court

Section 36

Regulations: applications to Accountant in Bankruptcy etc.

Section 44

Representation of Accountant in Bankruptcy in Sheriff Court

Section 46

Time limits for sequestration of limited partnership

For the purpose of making regulations, orders or rules of court

Section 48

Effect of sequestration: renewal of period of inhibition etc.

For the purpose of making regulations, orders or rules of court

Section 53(1)

Debt arrangement scheme: amendments

For the purpose of amendments insofar as brought into force by this Order.

Section 53(2) and (4)

Debt arrangement scheme: non-natural persons

For the purpose of making regulations, orders or rules of court.

Section 53(3)

Debt arrangement scheme: remuneration

Section 56

Minor and consequential amendments and repeals

For the purpose of amendments insofar as brought into force by this Order.

In schedule 3-

(Minor and consequential amendments)

(a) paragraph 1

Lay representation on discharge appeal

(b) paragraph 2

Minor and consequential amendments of the Bankruptcy (Scotland) Act 1985( 3)

For the purpose of amendments insofar as brought into force by this Order.

(c) paragraph 34

Regulations

(d) paragraph 35(h)

Interpretation: statement of undertakings

(e) paragraph 38

Debt arrangement scheme: regulation procedure

In schedule 4-

(Repeals)

(a) in relation to the Bankruptcy (Scotland) Act 1985-
(i) the repeal of section 5B(5)(d)( 4)

Regulations

(ii) the repeal in section 72(1)

Regulations

(iii) the
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