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The Bankruptcy (Scotland) Regulations 2016

Consolidated Text As Enacted Cited authorities 127 Cited in Amendments 40 Related
Vincent
JurisdictionScotland
CitationSSI 2016/397
Year2016
  • These Regulations may be cited as the Bankruptcy (Scotland) Regulations 2016 and come into force on 30th November 2016.
    • (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 ;
    • “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 (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.a manuscript signature; except in Forms 19 to 21, an image of a manuscript signature sent electronically F62; orin any case, an electronic signature.(3) In paragraph (2) , “electronic signature” (except where it relates to Form 9) is to be construed in accordance with section 7(2) of the Electronic Communications Act 2000 (electronic signatures and related certificates) , but includes a version of an electronic signature which is reproduced on a paper document.
  • are qualified to act as insolvency practitioners in accordance with sections 390 of the Insolvency Act 1986
  • work for such an insolvency practitioner, who have been given authority by that insolvency practitioner to act on his or her behalf in providing money advice under the Act; and
  • work as money advisers for organisations which have been awarded accreditation at Type 2 level or above against the Scottish National Standards for Information and Advice Provision; or
  • are approved for the purposes of the Debt Arrangement Scheme
  • work as money advisers for a citizens advice bureau which is a full member of the Scottish Association of Citizens Advice Bureaux – Citizens Advice Scotland; or
  • work as money advisers for a local authority.
    • a sheriff officer or messenger-at-arms, or an employee of such a person;solicitor;chartered or certified accountant;a credit union registered under the Co-operative and Community Benefit Societies Act 2014 a person providing debt collection services, or an employee of such a person;a person convicted of an offence involving theft, fraud or other dishonesty;a person subject to a bankruptcy restrictions order (including an interim order) under section 155 or 160 of the Act a person in respect of whom a court has made a disqualification order under section 1, or who has had a disqualification undertaking accepted under section 1A, of the Company Directors Disqualification Act 1986 persons without a licence from the Money Advice Trust persons whose approval is revoked or suspended under paragraph (2) .to apply the common financial tool in accordance with Part 3; orto comply with regulation 7.(3) AiB must provide written notice of the revocation or suspension to the money adviser (together with reasons for the decision to revoke or suspend) .(4) AiB must provide written notice of the revocation or suspension to any debtor where it is known to AiB that the money adviser is acting as money adviser to that debtor.

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