SCHEDULE
Regulation 2
Forms to be used in connection with protected trust deeds
The Protected Trust Deeds (Scotland) Amendment Regulations 2016
| Jurisdiction | Scotland |
| Citation | SSI 2016/399 |
| Year | 2016 |
2016 No. 399
Insolvency
Bankruptcy
Debt
The Protected Trust Deeds (Scotland) Amendment Regulations 2016
Made 24th November 2016
Coming into force 30th November 2016
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 72(1A) and paragraph 5 of schedule 5 of the Bankruptcy (Scotland) Act 19851and all other powers enabling them to do so.
In accordance with sections 72(2) of that Act2, a draft of 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 Protected Trust Deeds (Scotland) Amendment Regulations 2016 and come into force on 30th November 2016.
Amendment of forms for trust deeds executed on or after 28th November 2013 but before 30th November 2016
2.—(1) The Protected Trust Deeds (Scotland) Regulations 20133are amended as follows.
(2) In the schedule (forms to be used in connection with protected trust deeds)—
(a)
(a) in column 2 of the table of forms4, for the entry for Form 4 substitute “Trustee’s annual statement report on protected trust deed management”; and
(b)
(b) for—
(i) Form 4 (trustee’s statement of status of a protected trust deed)5;
(ii) Form 5 (application for discharge of debtor);
(iii) Form 6 (application to creditors for discharge of the trustee of a protected trust deed)6; and
(iv) Form 7 (trustee statement of realisation and distribution of estate under a protected trust deed)7,
substitute respectively Forms 4, 5, 6 and 7 set out in the schedule to these Regulations.
PAUL WHEELHOUSE
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
24th November 2016
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend Forms 4, 5, 6 and 7 used in relation to protected voluntary trust deeds entered into by debtors for the benefit of their creditors which were executed on or after 28th November 2013 but before 30th November 2016 prescribed in the Protected Trust Deeds (Scotland) Regulations 2013 (“the PTD Regulations”).
The PTD Regulations are revoked by schedule 9 of the Bankruptcy (Scotland) Act 2016, but continue to apply to these trust deeds under section 234(3) of that Act.
These Regulations...
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