Bankruptcy and Debt Advice (Scotland) Act 2014 (repealed) (2014 asp 11)

Advice and education

1 Sequestration of estate of living debtor: money advice

2 Financial education for debtor

Payments by debtor following sequestration

3 Debtor's contribution: common financial tool

4 Debtor contribution order

Sequestration where debtor has few assets

5 Debtor application

6 Circumstances where Accountant in Bankruptcy appointed as trustee

7 Discharge, conditions etc.

Moratorium on diligence

8 Moratorium on diligence

Application for sequestration

9 Statement of undertakings

10 Debtor application: incomplete or inappropriate application

11 Sequestration: application by executor

12 Concurrent proceedings for sequestration: recall

Administration of estate

13 Debtor's bank account

14 Submission of claims to trustee

15 First accounting period

16 Vesting of estate after sequestration

Discharge following sequestration

17 Discharge of debtor

18 Repeal of discharge on composition

19 Deferral of discharge where debtor cannot be traced

20 Unclaimed dividends and unapplied balances

21 Assets discovered after trustee discharge: appointment of trustee

Records

22 Register of insolvencies

23 Sederunt book

24 Abolition of certain requirements in relation to Edinburgh Gazette

Functions of sheriff and Accountant in Bankruptcy in sequestration

25 Application by trustee for direction on matters in sequestration

26 Recall of sequestration by sheriff

27 Recall of sequestration by Accountant in Bankruptcy

28 Appointment of replacement trustee

29 Replacement of trustee acting in more than one sequestration

30 Removal of trustee and trustee not acting

31 Removal of commissioner

32 Contractual powers of trustee

33 Bankruptcy restrictions order

34 Conversion of protected trust deed into sequestration

35 Power to cure defects in procedure

36 Regulations: applications to Accountant in Bankruptcy etc.

37 Valuation of debts depending on contingency

Review of decisions made by Accountant in Bankruptcy

38 Review of decisions about interim trustee

39 Review of decision not to award sequestration

40 Review of decisions about replacement trustee

41 Review of decisions about adjudication of creditor's claims

42 Review of decision about discharge of trustee

43 Appeals against decisions on review

Miscellaneous amendments

44 Representation of Accountant in Bankruptcy in sheriff court

45 Failure to send statements of assets and liabilities

46 Time limits for sequestration of limited partnership

47 Petition for sequestration by trustee under trust deed

48 Effect of sequestration: renewal of period of inhibition etc.

49 Division and sale of debtor's family home

50 Effect of discharge of debtor

51 Offence of obtaining credit: increase in amount

52 Bankruptcy restrictions undertaking: repeal

53 Debt arrangement schemes: extension to non-natural persons and fees

General

54 Meaning of “the 1985 Act”

55 Ancillary provision

56 Minor and consequential amendments and repeals

57 Commencement

58 Short title

SCHEDULE 1 SCHEDULE A1 TO THE 1985 ACT

SCHEDULE 2 INFORMATION TO BE INCLUDED IN THE SEDERUNT BOOK

SCHEDULE 3 MINOR AND CONSEQUENTIAL AMENDMENTS

Sheriff Courts (Scotland) Act 1971 (c.58)

Bankruptcy (Scotland) Act 1985 (c.66)

Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)

Fire (Scotland) Act 2005 (asp 5)

Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)

Housing (Scotland) Act 2010 (asp 17)

SCHEDULE 4 REPEALS