Bankruptcy and Diligence etc. (Scotland) Act 2007

This table gives basic information on the commencement of various provisions within the 2007 Act for which the Accountant in Bankruptcy has responsibility. All information must be read in conjunction with the relevant statutory instruments. As with other pages on this website, the information in this table should not be taken to be a full statement of the law nor a full catalogue of applicable legislation.

Part / Provision / Commencement / Relevant Statutory Instruments / Notes
1 / Bankruptcy
(and Trust Deeds) / Most provisions brought into force 1 April 2008 / Bankruptcy and Diligence etc (Scotland) Act 2007
(Commencement No.2 and Saving) Order 2008 (SSI 2008/45)
http://www.opsi.gov.uk/legislation/scotland/ssi2008/ssi_20080045_en_1
Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No.3, Savings and Transitionals) Order 2008 (SSI 2008/115)
http://www.opsi.gov.uk/legislation/scotland/ssi2008/ssi_20080115_en_1
Bankruptcy (Scotland) Regulations 2008 (SSI 2008/82)
http://www.opsi.gov.uk/legislation/scotland/ssi2008/ssi_20080082_en_1
Bankruptcy (Scotland) Amendment Regulations 2008 (SSI 2008/334)
http://www.opsi.gov.uk/legislation/scotland/ssi2008/ssi_20080334_en_1
Bankruptcy (Scotland) Act 1985 (Low Income, Low Asset Debtors etc.) Regulations 2008 (SSI 2008/81)
http://www.opsi.gov.uk/legislation/scotland/ssi2008/ssi_20080081_en_1
The Protected Trust Deeds (Scotland) Regulations 2008 (SSI 2008/143)
http://www.opsi.gov.uk/legislation/scotland/ssi2008/ssi_20080143_en_1 / Sections 20 and 35 relating to modification of provisions to protected trust deeds and regulation making powers brought into force on 19 February 2008.
Part 1 commenced with the exception of section 18(5); section 21; section 25 paragraph (a) and paragraph (ab) in so far as it applies to debtor applications; section 36 in so far as it relates to certain provisions associated with the commencement of diligence on the dependence.
“The principal Regulations”. These regulations modify regulations 6, 7, 8, 10, 11 and 12 of the Bankruptcy Regulations (SSI 1985/1925) and further repeal the remaining regulations. Outlines time limits for Debt Advice Information Pack, increases limit from £750 - £1,500 re apparent insolvency and procedures to AIB re debtor applications etc.
SSI 2008/334 introduced 14 November 2008 to amend certain bankruptcy forms previously provided by SSI 2008/82.
The Regulations set out prescribed limits re income and assets in connection with Low Income Low Asset. Certain amendments inserted by the Bankruptcy and Diligence etc (Scotland) Act 2007, s.19(2) of 2007 Act amends s.39A of the Bankruptcy (Scotland) Act 1985 as amended to prevent a family home reinvesting in a debtor 3 years after sequestration.
These Regulations come within the scope of Schedule. 5 paragraph 5 of the Bankruptcy (Scotland) Act 1985 as amended by the Bankruptcy and Diligence etc. (Scotland) Act 2007. It provides how trust deeds become protected, the consequences arising from grant of a trust deed. It outlines the rights of all parties and administration of a trust deed.
2 / Floating Charges / Not the responsibility of the Accountant in Bankruptcy – Registers of Scotland policy area.
3 / Enforcement / Not the responsibility of the Accountant in Bankruptcy – Public Bodies policy area.
4, Chapter 1 / Abolition of Adjudication for Debt / No date set / Commencement not anticipated before 2011.
4, Chapter 2 / Land Attachment / No date set / Commencement not anticipated before 2011.
4, Chapter 3 / Residual Attachment / No date set / Commencement not anticipated before 2011.
5 / Inhibition / Most provisions brought into force 22 April 2009 / Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No.4, Savings and Transitionals) Order 2009 (SSI 2009/67)
http://www.opsi.gov.uk/legislation/scotland/ssi2009/ssi_20090067_en_1
Diligence (Scotland) Regulations 2009 (SSI 2009/68)
http://www.opsi.gov.uk/legislation/scotland/ssi2009/ssi_20090068_en_1
Bankruptcy and Diligence etc. (Scotland) Act 2007 (Inhibition) Order 2009 (SSI 2009/129)
http://www.opsi.gov.uk/legislation/scotland/ssi2009/ssi_20090129_en_1
Diligence (Scotland) Amendment Regulations 2009 (SSI 2009/396)
http://www.opsi.gov.uk/legislation/scotland/ssi2009/ssi_20090396_en_1 / Section 165(2) (inhibition expenses only recoverable by land attachment or residual attachment) not yet commenced.
These Regulations prescribe forms in connection with part 5 inhibition and part 10 arrestment on the execution and action of furthcoming within the Bankruptcy and Diligence etc. (Scotland) Act 2007.
This Order amends Part 5 of the Bankruptcy and Diligence etc. (Scotland) Act 2007, which amends inhibitions in the context of the enforcement of judgments, decrees and documents of debt to freeze the heritable property of the debtor.
SSI 2009/396 made modifications in relation to some forms for inhibition from 7 December 2009.
6 / Diligence on the Dependence / Most provisions brought into force 1 April 2008 / Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No.3, Savings and Transitionals) Order 2008 (SSI 2008/115)
http://www.opsi.gov.uk/legislation/scotland/ssi2008/ssi_20080115_en_1 / Part 6 commenced on 1/4/2008 except for the insertion of new sub-section 15H(4) into the 1987 Act – this was subsequently commenced on 22 April 2009, see SSI 2009/67.
7 / Interim Attachment / Brought into force 1 April 2008 / Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No.3, Savings and Transitionals) Order 2008 (SSI 2008/115)
http://www.opsi.gov.uk/legislation/scotland/ssi2008/ssi_20080115_en_1 / Comes within the scope of Part 7. This order provides for the interim attachment of moveable property owned in common / by the debtor until final interlocutor obtained.
8 / Money Attachment / Brought into force 23 November 2009 / Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No.5, and Transitional) Order 2009 (SSI 2009/369)
http://www.opsi.gov.uk/legislation/scotland/ssi2009/ssi_20090369_en_1 / Comes within the scope of Part 8 and Schedule 3. s.226 (1) is partially in force.
9 / Diligence against Earnings / Brought into force
1 April 2008 / Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No.3, Savings and Transitionals) Order 2008 (SSI 2008/115)
http://www.opsi.gov.uk/legislation/scotland/ssi2008/ssi_20080115_en_1 / See also Diligence against Earnings (Variation) (No. 2) (Scotland) Regulations 2009 (SSI 2009/395) which introduced changes to the deduction tables from 6 April 2010.
10 / Arrestment in Execution and Action of Furthcoming / Most provisions brought into force 22 April 2009 / Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No.4, Savings and Transitionals) Order 2009 (SSI 2009/67)
http://www.opsi.gov.uk/legislation/scotland/ssi2009/ssi_20090067_en_1
Arrestment Jurisdiction (Scotland) Order 2009 (SSI 2009/66)
http://www.oqps.gov.uk/legislation/ssi/ssi2009/ssi_20090066_en_1 / New section 73A(2) was previously inserted into the 1987 Act on 1 April 2008 by SSI 2008/115.
New section 73D of the Debtors (Scotland) Act 1987 not yet commenced.
Protected Minimum Balance linked to Earnings Arrestment.
11 / Maills and Duties, Sequestration for Rent and Landlord’s Hypothec / Section 207 not yet brought into force
Section 208 brought into force 1 April 2008 / Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No.3, Savings and Transitionals) Order 2008 (SSI 2008/115)
http://www.opsi.gov.uk/legislation/scotland/ssi2008/ssi_20080115_en_1 / No date set for the abolition of Maills and Duties.
Sequestration for Rent abolished and changes made to landlord’s hypothec.
12 / Summary Warrants, Time to Pay and Charges to Pay / Brought into force
1 April 2008 / Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No.3, Savings and Transitionals) Order 2008 (SSI 2008/115)
http://www.opsi.gov.uk/legislation/scotland/ssi2008/ssi_20080115_en_1 / Comes within the scope of Article 10. s.169 of the order inserts s.15K and s.15L into the Debtors (Scotland) Act 1987.
13 / Amendments of the Debt Arrangement and Attachment (Scotland) Act 2002 / Provisions brought into force
8 March 2007 and 31 March 2007 / Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No. 1) Order 2007 (SSI 2007/82)
http://www.opsi.gov.uk/legislation/scotland/ssi2007/ssi_20070082_en_1 / Measures included changes to Debt Arrangement Scheme from 8 March 2007 and changes to the 2002 Act in respect of the diligence of attachment from 31 March 2007.
Debt Arrangement Scheme changes also supported by regulations see SSI 2007/187 & SSI 2007/1262.
14 / Admiralty Actions and Arrestment of Ships / Expected to be brought into force from 1 July 2010
15 / Actions for Removing from Heritable Property / Brought into force 4 April 2011 / Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No. 8) Order 2011(SSI 2011/179)
http://www.legislation.gov.uk/ssi/2011/179/contents/made
The Removing from Heritable Property (Form of Charge) (Scotland) Regulations (SSI 2011/158)
http://www.legislation.gov.uk/ssi/2011/158/contents/made / The Regulations which accompany this commencement order prescribe in a Schedule the form of charge which will now require to be served before removing someone from heritable property.
16 / Disclosure of Information / No date set / Commencement not anticipated before 2011.
17 / General and Miscellaneous / Mostly brought into force / This part of the Act includes definitions and regulation making powers which have been brought into force as necessary in conjunction with the other provisions of the Act.