Bankruptcy and Diligence etc. (Scotland) Act 2007
Bankruptcy and Diligence etc. (Scotland) Act 2007 (2007 asp 3)
- Bankruptcy and Diligence etc. (Scotland) Act 2007 (2007 asp 3)
- Part 1 Bankruptcy
- Duration of bankruptcy
- 1 Discharge of debtor
- Bankruptcy restrictions orders and undertakings
- 2 Bankruptcy restrictions orders and undertakings
- Effect of bankruptcy restrictions orders and undertakings
- 3 Disqualification from being appointed as receiver
- 4 Disqualification for nomination, election and holding office as member of local authority
- 5 Orders relating to disqualification
- The trustee in the sequestration
- 6 Amalgamation of offices of interim trustee and permanent trustee
- 7 Repeal of trustee's residence requirement
- 8 Duties of trustee
- 9 Grounds for resignation or removal of trustee
- 10 Termination of interim trustee's functions
- 11 Statutory meeting and election of trustee
- 12 Replacement of trustee acting in more than one sequestration
- 13 Requirement to hold money in interest bearing account
- Debtor applications
- 14 Debtor applications
- 15 Debtor applications by low income, low asset debtors
- Jurisdiction
- 16 Sequestration proceedings to be competent only before sheriff
- Vesting of estate and dealings of debtor
- 17 Vesting of estate and dealings of debtor
- Income received by debtor after sequestration
- 18 Income received by debtor after sequestration
- Debtor's home and other heritable property
- 19 Debtor's home and other heritable property
- Protected trust deeds
- 20 Modification of provisions relating to protected trust deeds
- ...
- 21 Modification of composition procedure
- Status and powers of Accountant in Bankruptcy
- 22 Status of Accountant in Bankruptcy as officer of the court
- 23 Accountant in Bankruptcy's power to investigate trustees under protected trust deeds
- Offences
- 24 Modification of offences under section 67 of the 1985 Act
- Miscellaneous and general
- 25 Debt limits in sequestrations
- 26 Creditor to provide debt advice and information package
- 27 Continuation of sequestration proceedings
- 28 Abolition of summary administration
- 29 Non-vested contingent interest reinvested in debtor
- 30 Debtor's requirement to give account of state of affairs
- 31 Restriction of debtor's right to appeal under sections 49(6) and 53(6) of the 1985 Act
- 32 Status of order on petition to convert protected trust deed into sequestration
- 33 Power to provide for lay representation in sequestration proceedings
- 34 Treatment of student loans on sequestration
- 35 Certain regulations under the 1985 Act: procedure
- 36 Minor and consequential amendments of the 1985 Act
- Part 2 Floating charges
- Registration and creation etc.
- 37 Register of Floating Charges
- 38 Creation of floating charges
- 39 Advance notice of floating charges
- 40 Ranking of floating charges
- 41 Ranking clauses
- 42 Assignation of floating charges
- 43 Alteration of floating charges
- 44 Discharge of floating charges
- 45 Effect of floating charges on winding up
- 46 Repeals, savings and transitional arrangements
- 47 Interpretation
- Related further provision
- 48 Formalities as to documents
- 49 Industrial and provident societies
- Part 3 Officers of court
- Scottish Civil Enforcement Commission
- 50 Scottish Civil Enforcement Commission
- Advisory Council on Messengers-at-Arms and Sheriff Officers
- 51 Advisory Council's annual report
- 52 Publication of guidance and other information
- 53 Published information not to enable identification
- 54 Register of judicial officers
- 55 Code of practice
- 56 Publication of information relating to informal debt collection
- Judicial officers
- 57 Judicial officers
- 58 Appointment of judicial officer
- 59 Annual fee
- Abolition of offices of messenger-at-arms and sheriff officer
- 60 Abolition of offices of messenger-at-arms and sheriff officer
- Regulation of officers of court
- 61 Regulation of officers of court
- 62 Duty to notify Lord President and sheriff principal of bankruptcy etc.
- Officers of court's professional association
- 63 Officers of court's professional association
- 63A Code of practice
- 64 Duty of professional association to forward complaints ...
- 65 Information from professional association
- Annual fee for officers of court
- 65A Annual fee
- Investigation of officers of court
- 66 Inspection of officer of court
- 67 Investigation of alleged misconduct by judicial officer
- 68 Suspension of judicial officer pending outcome of disciplinary or criminal proceedings
- 69 Commission's duty in relation to offences or misconduct by judicial officer
- 70 Commission's power in relation to judicial officer's bankruptcy etc.
- Disciplinary proceedings
- 71 Referrals to the disciplinary committee
- 72 Disciplinary committee's powers
- 73 Orders under sections 68 and 72: supplementary provision
- Appeals
- 74 Appeals from decisions under sections 58, 68 and 72
- Miscellaneous
- 75 Officer of court's actions void where officer has interest
- 76 Measure of damages payable by judicial officer for negligence or other fault
- 77 Effect of code of practice
- 78 Electronic publications and communications
- Part 4 Land attachment and residual attachment
- Chapter 1 Abolition of adjudication for debt
- 79 Abolition of adjudication for debt
- 80 Renaming of the Register of Inhibitions and Adjudications
- Chapter 2 Attachment of land
- Land attachment
- 81 Land attachment
- 82 Attachable land
- 83 Notice of land attachment
- Consequences of land attachment
- 84 Debts secured by land attachment not rendered heritable
- 85 Restriction on priority of ranking of certain securities
- 86 Lease granted after registration of notice of land attachment
- 87 Assignation of title deeds etc.
- 88 Acquisition of right to execute land attachment
- 89 Effect of debtor's death before land attachment created
- 90 Effect of debtor's death after land attachment created
- 91 Caveat by purchaser under missives
- Preparations for sale of attached land
- 92 Application for warrant to sell attached land
- 93 Notice to local authority of application for warrant for sale
- 94 Preliminary hearing on application for warrant to sell
- 95 Valuation report
- 96 Creditor's duties prior to full hearing on application for warrant for sale
- 97 Full hearing on application for warrant for sale
- 98 Application for warrant for sale of sole or main residence
- 99 Protection of purchaser under contract where creditor applies for warrant for sale
- 100 Protection of purchaser under contract where warrant for sale granted
- 101 Provision supplementary to sections 99 and 100
- 102 Warrant for sale of attached land owned in common
- 103 Intimation of sheriff's decision at full hearing
- 104 Supplementary orders as respects sale
- 105 Effect of certain refusals of application for warrant for sale under section 97(5)
- 106 Termination of debtor's right to occupy land
- 107 Consequences of giving notice under section 106(1)
- The sale
- 108 Appointed person
- 109 Method of sale
- 110 Legal incapacity or disability of debtor not to affect title of purchaser
- 111 Title of purchaser not to be affected by certain irregularities
- 112 Effect of registration of disposition on securities
- 113 Report of sale
- 114 Audit of report of sale
- 115 Sheriff's consideration of report
- 116 Proceeds of sale
- Foreclosure
- 117 Foreclosure
- 118 Registration of decree of foreclosure
- Payments to account and expenses
- 119 Ascription
- 120 Expenses of land attachment
- Termination, discharge etc. of land attachment
- 121 Termination by payment etc.
- 122 Discharge
- 123 Recall and restriction of land attachment
- 124 Duration of land attachment
- Land attachment subsequent to reduction of deed granted in breach of inhibition
- 125 Land attachment subsequent to reduction of deed granted in breach of inhibition
- General and miscellaneous
- 126 Land attachment as heritable security
- 127 Statement on impact of land attachment
- 127A Amendment of Bankruptcy (Scotland) Act 2016
- 128 Interpretation
- Chapter 3 Residual attachment
- Residual attachment
- 129 Residual attachment
- Application for residual attachment order
- 130 Application for residual attachment order
- 131 Effect of application for residual attachment order
- Residual attachment order
- 132 Residual attachment order
- 133 Schedule of residual attachment
- 134 Creation and effect of residual attachment
- Satisfaction order
- 135 Application for satisfaction order
- 136 Satisfaction order
- 137 Intimation of court's decision
- 138 Effect of certain refusals of application for satisfaction order
- Termination, discharge etc. of residual attachment
- 139 Termination by payment etc.
- 140 Recall
- 141 Duration of residual attachment
- 142 Effect of death of debtor
- General and miscellaneous
- 143 Expenses of residual attachment
- 144 Ascription
- 145 Interpretation
- Part 5 Inhibition
- Creation
- 146 Certain decrees and documents of debt to authorise inhibition without need for letters of inhibition
- 147 Provision of debt advice and information package when executing inhibition
- 148 Registration of inhibition
- 148A Register of Inhibitions: electronic signature of documents
- 149 Date on which inhibition takes effect
- Effect
- 150 Property affected by inhibition
- 151 Effect on inhibition to enforce obligation when alternative decree granted
- 152 Effect of conversion of limited inhibition on the dependence to inhibition in execution
- 153 Property affected by inhibition to enforce obligation to convey heritable property
- 154 Inhibition not to confer a preference in ranking
- 155 Power of receiver or liquidator in creditors' voluntary winding up to dispose of property affected by inhibition
- Termination
- 156 Termination of effect of inhibition
- 157 Inhibition terminated by payment of full amount owing
- 158 Inhibition terminated by compliance with obligation to perform
- 159 Termination of inhibition when property acquired by third party
- Breach
- 160 Breach of inhibition
- 161 Prescription of right to reduce transactions in breach of inhibition
- 162 Registration of notice of litigiosity and discharge of notice
- 163 Reduction of lease granted in breach of inhibition
- General and miscellaneous
- 164 Power to prescribe forms in the 1868 Act
- 165 Expenses of inhibition
- 166 Ascription
- 167 Keeper's duty to enter inhibition on title sheet
- 168 Inhibition effective against judicial factor
- Part 6 Diligence on the dependence
- 169 Diligence on the dependence
- 170 Prescription of arrestment
- 171 Abolition of letters of loosing
- 172 Abolition of adjudication in security
- Part 7 Interim attachment
- 173 Interim attachment
- Part 8 Attachment of money
- Money attachment
- 174 Money attachment
- 175 Meaning of “money” and related expressions
- 176 When money attachment not competent
- Execution of money attachment
- 177 Removal of money attached
- 178 Presumption of ownership
- 179 Schedule of money attachment
- 180 Valuation of banking instruments
- 181 Order for realisation of money likely to deteriorate in value
- 182 Report of money attachment
- Release of money attached
- 183 Creditor's application for payment order
- 184 Effect of payment order
- 185 Release of money where attachment unduly harsh
- 186 Invalidity and cessation of money attachment
- 187 Termination of money attachment
- 188 Redemption of banking instrument
- Statement of money attachment
- 189 Final statement of money attachment
- 190 Audit of final statement under section 189(1)
- General and miscellaneous
- 191 Money in common ownership
- 192 Procedure where money owned in common is disposed of
- 193 Unlawful acts after money attachment
- 194 Appeals
- 195 Recovery from debtor of expenses of money attachment
- 196 Liability for expenses of money attachment
- 197 Ascription
- 198 Interpretation
- Part 9 Diligence against earnings
- 199 Simultaneous operation of arrestments against earnings where net earnings insufficient
- 200 Arrestment of earnings: deductions from holiday pay
- 201 Provision of debt advice and information package
- 202 Intimation of arrestment schedule
- 203 Provision of information
- 204 Conjoined arrestment orders: jurisdiction
- 205 Arrestment of seamen's wages
- Part 10 Arrestment in execution and action of furthcoming
- 206 Arrestment in execution
- Part 11 Maills and duties, sequestration for rent and landlord's hypothec
- Abolition of maills and duties
- 207 Abolition of maills and duties
- Landlord's hypothec and sequestration for rent
- 208 Abolition of sequestration for rent and restriction of landlord's hypothec
- Part 12 Summary warrants, time to pay and charges to pay
- 209 Summary warrants, time to pay and charges to pay
- 210 Time to pay directions and time to pay orders
- Part 13 Amendments of the Debt Arrangement and Attachment (Scotland) Act 2002
- 211 Debt payment programmes with debt relief
- 212 Further amendments of the Debt Arrangement and Attachment (Scotland) Act 2002
- Part 14 Admiralty actions and arrestment of ships
- 213 Admiralty actions and the arrestment of ships: modification of enactments
- Part 15 Actions for removing from heritable property
- 214 Expressions used in this Part
- 215 Procedure for execution of removing
- 216 Service of charge before removing
- 217 When removing not competent
- 218 Preservation of property left in premises
- 219 Caution for pecuniary claims
- Part 16 Disclosure of information
- 220 Information disclosure
- Part 17 General and miscellaneous
- 221 Interpretation
- Execution of diligence: electronic standard securities
- 222 Registration and execution of electronic standard securities
- General
- 223 Crown application
- 224 Orders and regulations
- 225 Ancillary provision
- 226 Minor and consequential amendments and repeals
- 227 Short title and commencement
- SCHEDULE 1 Minor and consequential amendments of the 1985 Act
- SCHEDULE 2 The Scottish Civil Enforcement Commission
- Status
- Membership
- Tenure of office
- Filling vacancies
- Chairperson
- Disciplinary Committee
- Remuneration
- General powers
- Quorum
- Structure and procedures
- Chief executive officer and other staff
- Location of office
- Financing by the Scottish Ministers
- Accounts and audit
- SCHEDULE 3 Expenses of money attachment
- Expenses chargeable against the debtor
- Circumstances where no expenses are due to or by either party
- SCHEDULE 4 Modifications of enactments relating to admiralty actions and the arrestment of ships
- Definition of “maritime lien”
- The term “admiralty action”
- Arrestment in rem granted by the sheriff
- Arrestment on the dependence
- Liability for losses and expenses
- Factors affecting arrestments
- Cargo on board a ship exempt from attachment
- Location of a ship when arrestment executed
- Demise charters
- SCHEDULE 5 Minor and consequential amendments
- The Companies Clauses Consolidation (Scotland) Act 1845 (c. 17)
- The Harbours, Docks and Piers Clauses Act 1847 (c. 27)
- The Titles to Land Consolidation (Scotland) Act 1868 (c. 101)
- The Writs Execution (Scotland) Act 1877 (c. 40)
- The Judicial Factors (Scotland) Act 1889 (c. 39)
- The Sheriff Courts (Scotland) Extracts Act 1892 (c. 17)
- The Execution of Diligence (Scotland) Act 1926 (c. 16)
- The Local Government (Scotland) Act 1947 (c. 43)
- The Taxes Management Act 1970 (c. 9)
- The Sheriff Courts (Scotland) Act 1971 (c. 58)
- The Animal Health Act 1981 (c. 22)
- The Civil Jurisdiction and Judgments Act 1982 (c. 27)
- The Bankruptcy (Scotland) Act 1985 (c. 66)
- The Insolvency Act 1986 (c. 45)
- The Legal Aid (Scotland) Act 1986 (c. 47)
- The Debtors (Scotland) Act 1987 (c. 18)
- The Abolition of Domestic Rates etc. (Scotland) Act 1987 (c. 47)
- The Child Support Act 1991 (c. 48)
- The Social Security Administration Act 1992 (c. 5)
- The Local Government Finance Act 1992 (c. 14)
- The Tribunals and Inquiries Act 1992 (c. 53)
- The Proceeds of Crime (Scotland) Act 1995 (c. 43)
- The Criminal Procedure (Scotland) Act 1995 (c. 46)
- The Finance Act 1997 (c. 16)
- The Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)
- The Water Industry (Scotland) Act 2002 (asp 3)
- The Scottish Public Services Ombudsman Act 2002 (asp 11)
- The Freedom of Information (Scotland) Act 2002 (asp 13)
- The Proceeds of Crime Act 2002 (c. 29)
- The Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)
- The Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
- The Finance Act 2003 (c. 14)
- The Civil Partnership Act 2004 (c. 33)
- SCHEDULE 6 Repeals and revocation
- Part 1 Repeals
- Part 2 Revocation
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