The Bankruptcy and Debt Advice (Scotland) Act 2014 (Consequential Provisions) Order 2014

JurisdictionScotland
CitationSSI 2014/293
Year2014

2014No. 293

BANKRUPTCY

The Bankruptcy and Debt Advice (Scotland) Act 2014 (Consequential Provisions) Order 2014

5thNovember2014

1stApril2015

The Scottish Ministers make the following Order in exercise of the powers conferred by section 55 of the Bankruptcy and Debt Advice (Scotland) Act 2014( 1) and all other powers enabling them to do so.

In accordance with section 55(4) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement

1. This Order may be cited as the Bankruptcy and Debt Advice (Scotland) Act 2014 (Consequential Provisions) Order 2014 and comes into force on 1st April 2015.

Interpretation

2. (1) In this Order "the 1985 Act" means the Bankruptcy (Scotland) Act 1985( 2).

(2) This Order is to be construed in accordance with section 73 (interpretation) of the 1985 Act( 3).

Modification of enactments

3. (1) The Schedule, which makes modifications of certain enactments, has effect.

(2) Nothing in this Order affects any of the enactments modified by this Order in their operation in relation to a sequestration in respect of which-

(a) the petition is presented before 1st April 2015; or(b) a debtor application is made before that date.

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh

5th November 2014

SCHEDULE

Article 3

Modification of enactments

PART 1

Primary legislation

The Education (Scotland) Act 1980

1. In section 73B(12) (regulations relating to student loans) of the Education (Scotland) Act 1980( 4) after "54" insert ", 54A or 54C".

The International Criminal Court (Scotland) Act 2001

2. In paragraph 8(2)(b) (freezing orders in respect of sequestration) of schedule 6 to the International Criminal Court (Scotland) Act 2001( 5) for "32(2)" substitute "32A".

The Charities and Trustee Investment (Scotland) Act 2005

3. In section 70(3)(b)(i) (charity trustee disqualification: supplementary) of the Charities and Trustee Investment (Scotland) Act 2005( 6) after "54" insert ", 54A, 54C".

PART 2

Secondary legislation

The National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998

4. In regulation 18(2) of the National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998( 7) for "the court makes an income payments order under 32(2) and (4) of the Bankruptcy (Scotland) Act 1985 or" substitute "a person makes or varies a debtor contribution order under section 32A or 32F of the Bankruptcy (Scotland) Act 1985 or the court makes an income payments order".

The National Health Service (Scotland) (Injury Benefits) Regulations 1998

5. In regulation 20(3) of the National Health Service (Scotland) (Injury Benefits) Regulations 1998( 8) for "the court makes an income payments order under 32(2) and (4) of the Bankruptcy (Scotland) Act 1985 or" substitute "a person makes or varies a debtor contribution order under section 32A or 32F of the Bankruptcy (Scotland) Act 1985 or the court makes an income payments order".

The National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003

6. In regulation 13(3) of the National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003( 9) for "the court makes an order under 32(2) and (4) of the Bankruptcy (Scotland) Act 1985 or" substitute "a person makes or varies an order under section 32A or 32F of the Bankruptcy (Scotland) Act 1985 or the court makes".

The Teachers' Superannuation (Scotland) Regulations 2005

7. In regulation E38(3) of the Teachers' Superannuation (Scotland) Regulations 2005( 10) for "the Court under section 32(2) and (4) of the Bankruptcy...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT