Bankruptcy (Scotland) Act 2016
Bankruptcy (Scotland) Act 2016 (2016 asp 21)
- Bankruptcy (Scotland) Act 2016 (2016 asp 21)
- PART 1 Application or petition for sequestration
- Applications and petitions
- 1 Sequestration
- 2 Sequestration of estate of living debtor
- 3 Debt advice and information package
- 4 Money advice
- 5 Sequestration of estate of deceased debtor
- 6 Sequestration of other estates
- 7 Qualified creditor and qualified creditors
- 8 Debtor applications: general
- 9 Certificate for sequestration
- 10 Death or withdrawal
- 11 Debtor application: provision of information
- 12 Petition for sequestration of estate: provision of information
- 13 Further provisions relating to presentation of petitions
- 14 Further provisions relating to debtor applications
- 14A Main proceedings in Scotland: undertaking by trustee in respect of assets in another EU member State
- 14B Main proceedings in another member State: approval of undertaking offered by member State insolvency practitioner to local creditors in the UK
- Jurisdiction
- 15 Jurisdiction
- Meaning of “apparent insolvency”
- 16 Meaning of “apparent insolvency”
- Concurrent proceedings
- 17 Concurrent proceedings for sequestration or analogous remedy
- 18 Powers in relation to concurrent proceedings
- Creditor's oath
- 19 Creditor's oath
- PART 2 Sequestration: award and recall
- Incomplete or inappropriate debtor applications
- 20 Debtor application: incomplete application
- 21 Refusal of debtor application: inappropriate application
- Award of sequestration
- 22 When sequestration is awarded
- 23 Circumstances in which sequestration is not to be awarded in pursuance of section 22(5)
- 23A Effect of sequestration on land attachment
- 24 Effect of sequestration on diligence generally
- 25 Effect of sequestration on diligence: estate of deceased debtor
- 26 Registration of warrant or determination of debtor application
- 27 Further matters in relation to award of sequestration
- 28 Benefit from another estate
- Recall of sequestration
- 29 Petitions for recall of sequestration
- 30 Recall of sequestration by sheriff
- 31 Application to Accountant in Bankruptcy for recall of sequestration
- 32 Application under section 31: further procedure where Accountant in Bankruptcy is not trustee
- 33 Determination where amount of outlays and remuneration not agreed
- 34 Recall of sequestration where Accountant in Bankruptcy is not trustee
- 35 Recall of sequestration where Accountant in Bankruptcy is trustee
- 36 Application for recall: remit to sheriff
- 37 Recall of sequestration by Accountant in Bankruptcy: review and appeal
- 37A Interest
- 38 Effect of recall of sequestration
- PART 3 Initial stages of sequestration, statutory meeting and trustee vote
- Initial stages
- 39 Interim preservation of estate
- 40 Offences in relation to interim preservation of estate
- 41 Statement of assets and liabilities etc.
- 42 Duties on receipt of list of assets and liabilities
- Statutory meeting
- 43 Statutory meeting
- 44 Calling of statutory meeting
- 45 Procedure where no statutory meeting called
- 46 Submission of claims for voting purposes
- 47 Offences in relation to submission of claims for voting purposes
- 48 Proceedings before trustee vote
- Trustee vote
- 49 Trustee vote
- PART 4 Trustees and commissioners
- Trustees
- 50 Functions of trustee
- 51 Appointment of trustee
- 52 Application to Accountant in Bankruptcy by trustee for a direction
- Interim trustees
- 53 Functions of interim trustee
- 54 Appointment of interim trustee
- 55 Removal, resignation etc. of interim trustee
- 56 Termination of interim trustee's functions where not appointed trustee
- 57 Appeal or review by virtue of section 56
- 58 Termination of Accountant in Bankruptcy's functions as interim trustee where not appointed trustee
- 59 Review or appeal by virtue of section 58
- Replacement trustees
- 60 Appointment of replacement trustee
- 61 Procedure in application to Accountant in Bankruptcy under section 60
- 62 Procedure in application under section 60, or appeal under section 61, to sheriff
- 63 Termination of original trustee's functions
- 64 Accountant in Bankruptcy's intromissions in capacity of original trustee
- 65 Discharge of original trustee
- 66 Replacement of trustee acting in more than one sequestration
- 67 Further provision as regards replacement under section 66
- 68 Review of determination or appointment under section 66
- Resignation or death of trustee
- 69 Resignation or death of trustee
- Removal of trustee and appointment of new trustee
- 70 Removal of trustee other than where trustee is unable to act or should no longer continue to act: general
- 71 Removal of trustee other than where trustee is unable to act or should no longer continue to act: review, appeal and election of new trustee
- 72 Removal of trustee where trustee is unable to act or should no longer continue to act: general
- 73 Removal of trustee where trustee is unable to act or should no longer continue to act: review, appeal and election of new trustee
- 74 Election or appointment of new trustee by virtue of section 71(6) or 73(1)
- 75 Further provision as regards election or appointment of new trustee
- Commissioners
- 76 Commissioners
- 77 Election, resignation and removal of commissioners
- PART 5 Vesting etc.
- Vesting
- 78 Vesting of estate at date of sequestration
- 79 Provision supplementary to section 78 and interpretation of Part 5
- 80 Property subject to restraint order
- 81 Property released from detention
- 82 Property in respect of which receivership or administration order is made
- 83 Property in respect of which realisation order is made
- 84 Property subject to certain orders where confiscation order discharged or quashed
- 85 Vesting of income received by debtor after sequestration
- 86 Further provision as regards vesting of estate
- 87 Dealings and circumstances of debtor after sequestration
- Limitation on vesting
- 88 Limitation on vesting
- PART 6 Debtor's contribution
- Common financial tool
- 89 Assessment of debtor's contribution
- Payments by debtor following sequestration
- 90 Debtor contribution order: general
- 91 Debtor contribution order: payment period and intervals
- 92 Debtor contribution order: review and appeal
- 93 Effect of debtor contribution order
- 94 Deductions from debtor's earnings and other income
- 95 Variation and removal of debtor contribution order by trustee
- 96 Payment break
- 97 Sections 95 and 96: review and appeal
- PART 7 Safeguarding interests of creditors
- Gratuitous alienations and unfair preferences
- 98 Gratuitous alienations
- 99 Unfair preferences
- Recall of certain orders
- 100 Recall of order for payment of capital sum on divorce or on dissolution of civil partnership
- Excessive contributions
- 101 Recovery of excessive pension contributions
- 102 Orders under section 101
- 103 Orders under section 101: supplementary
- 104 Excessive contributions in pension-sharing cases: general
- 105 Excessive contributions in pension-sharing cases: recovery orders
- 106 Recovery orders: supplementary
- 107 References in Part 7 to “the 1889 Act” and to “the 1999 Act”
- PART 8 Administration of estate by trustee
- General
- 108 Taking possession of estate by trustee
- 109 Management and realisation of estate
- Contractual powers and money received
- 110 Contractual powers of trustee
- 111 Money received by trustee
- Debtor's home
- 112 Debtor's family home
- 113 Power of trustee in relation to debtor's family home
- Rights of spouse or civil partner
- 114 Protection of rights of spouse against arrangements intended to defeat them
- 115 Protection of rights of civil partner against arrangements intended to defeat them
- Account of state of affairs
- 116 Debtor's account of state of affairs
- Financial education for debtor
- 117 Financial education for debtor
- PART 9 Examination of debtor
- Private and public examination
- 118 Private examination
- 119 Public examination
- 120 Provisions ancillary to sections 118 and 119
- Conduct of examination
- 121 Conduct of examination
- PART 10 Claims, dividends and distribution etc.
- Submission and adjudication of claims
- 122 Submission of claims to trustee
- 123 Evidence as to validity or amount of claim
- 124 False claims etc.
- 125 Further provision as to claims
- 126 Adjudication of claims: general
- 127 Adjudication of claims: review and appeal
- Entitlement to vote and draw a dividend
- 128 Voting and drawing a dividend
- Distribution
- 129 Priority in distribution
- 129A Section 129: interpretation
- 130 Accounting periods
- 131 Distribution in accordance with accounting periods
- Procedure after end of accounting period
- 132 Submission of accounts and scheme of division
- 133 Audit of accounts and determination as to outlays and remuneration payable to trustee
- 134 Appeal against determination as to outlays and remuneration payable to trustee
- 135 Further provision as to procedure after end of accounting period
- 136 Procedure after end of accounting period where Accountant in Bankruptcy is trustee
- PART 11 Discharge
- Discharge of debtor
- 137 Discharge of debtor where Accountant in Bankruptcy not trustee
- 138 Discharge of debtor where Accountant in Bankruptcy trustee
- 139 Discharge of debtor: review and appeal
- 140 Discharge of debtor to whom section 2(2) applies
- 141 Deferral of discharge where debtor cannot be traced
- 142 Debtor not traced: new trustee
- 143 Debtor not traced: subsequent debtor contact
- 144 Subsequent debtor contact: review and appeal
- 145 Effect of discharge under section 137, 138 or 140
- 146 Discharge under section 140: conditions
- 147 Section 146: sanctions
- Failure of debtor to co-operate with trustee
- 147A Debtor fails to co-operate: Accountant in Bankruptcy appointment as new trustee
- 147B Accountant in Bankruptcy appointment as new trustee: review and appeal
- 147C Debtor fails to co-operate with AiB as trustee
- Discharge of trustee
- 148 Discharge of trustee
- 149 Further provision as regards discharge of trustee
- 150 Unclaimed dividends
- 151 Discharge of Accountant in Bankruptcy
- PART 12 Assets discovered after discharge of trustee
- 152 Assets discovered after discharge of trustee: appointment of trustee
- 153 Assets discovered after discharge of trustee: notice
- 154 Assets discovered after discharge of trustee: appeal
- PART 13 Bankruptcy restrictions orders and interim bankruptcy restrictions orders
- Bankruptcy restrictions orders
- 155 Bankruptcy restrictions order
- 156 Grounds for making bankruptcy restrictions order
- 157 Bankruptcy restrictions order: application of section 218(13)
- 158 Timing for making a bankruptcy restrictions order
- 159 Duration of bankruptcy restrictions order and application for revocation or variation
- Interim bankruptcy restrictions orders
- 160 Interim bankruptcy restrictions orders
- Effect of recall of sequestration
- 161 Bankruptcy restrictions orders and interim bankruptcy restrictions orders: effect of recall of sequestration
- PART 14 Voluntary trust deeds for creditors
- General
- 162 Voluntary trust deeds for creditors
- Protected trust deeds: protected status
- 163 Protected status: general
- Conditions for protected status
- 164 Protected status: the debtor
- 165 Protected status: the trustee
- 166 Exclusion of a secured creditor from trust deed
- 167 Statements in and advice regarding trust deed
- 168 Payment of debtor's contribution
- 169 Notice in register of insolvencies
- 170 Documents to be sent to creditors
- Registration for protected status
- 171 Registration for protected status
- Removal of protected status where material error or irregularity
- 171A Removal of protected status where material error or irregularity
- 171B Decision under section 171A: application to review
- 171C Effect of removal of protected status
- Effect of protected status etc.
- 172 Effect of protected status: general
- 173 Effect of protected status on diligence against earnings
- 173A Effect of protected status on essential supplies
- 174 Deductions by virtue of protected trust deed from debtor's earnings
- 175 Agreement in respect of debtor's heritable property
- 176 Dividend payments
- 177 Sequestration petition by qualified creditor
- 178 Creditor's application as respects intromissions of trustee
- Administration, accounting and discharge
- 179 Directions to trustee under protected trust deed
- 180 Information and notification obligations of trustee under protected trust deed
- 181 Administration of trust under protected trust deed
- 182 Retention of documents by trustee under protected trust deed
- 183 Remuneration payable to trustee under protected trust deed
- 184 Protected trust deed: discharge of debtor
- 184A Protected trust deed: refusal of debtor discharge
- 184B Protected trust deed: early discharge in extenuating circumstances
- 184C Early discharge in extenuating circumstances: procedure where creditors object
- 185 Student loans
- 186 Protected trust deed: discharge of trustee
- 186A Replacement of trustee in a protected trust deed
- 186B Modification of this Part where Accountant in Bankruptcy becomes trustee in a protected trust deed
- 187 Electronic delivery of notices etc. under this Part
- Appeals and directions
- 188 Protected trust deed: appeal
- 189 Protected trust deed: sheriff's direction
- Application for conversion to sequestration
- 190 Application for conversion to sequestration
- 191 Contents of affidavit required under section 190(2)
- 192 Powers of Accountant in Bankruptcy on application for conversion to sequestration
- Part 14: general
- 193 Interpretation of Part 14
- 194 Regulations modifying Part 14
- PART 15 Moratorium on diligence
- 195 Moratorium on diligence: notice of intention to make debtor application under section 2(1)(a)
- 196 Moratorium on diligence: notice of intention to make debtor application under section 6
- 197 Moratorium on diligence following notice under section 195(1) or 196(1)
- 198 Period of moratorium
- PART 16 Accountant in Bankruptcy
- Appointment
- 199 Accountant in Bankruptcy
- Functions
- 200 Supervisory functions of Accountant in Bankruptcy
- 201 Performance of certain functions of Accountant in Bankruptcy
- 202 Further duty of Accountant in Bankruptcy
- Directions to Accountant in Bankruptcy
- 203 Directions to Accountant in Bankruptcy
- Conduct of proceedings in the sheriff court
- 204 Conduct of proceedings in the sheriff court
- Fees for Accountant in Bankruptcy
- 205 Fees for Accountant in Bankruptcy
- PART 17 Miscellaneous
- 206 Liabilities and rights of co-obligants
- 207 Member State insolvency practitioner deemed creditor
- 208 Trustee's duty to provide certain notices and copies of documents to member State insolvency practitioner
- 209 Extortionate credit transactions
- 210 Sederunt book and other documents
- 211 Power of court to cure defects in procedure
- 212 Power of Accountant in Bankruptcy to cure defects in procedure
- 213 Decision under section 212(1): review
- 214 Review of decision by Accountant in Bankruptcy: grounds of appeal
- 215 Debtor to co-operate with trustee
- 216 Arbitration and compromise
- 217 Meetings of creditors and commissioners
- 218 General offences by debtor etc.
- 219 General offences: supplementary and penalties
- 220 Summary proceedings
- 221 Outlays of insolvency practitioner in actings as interim trustee or trustee
- 222 Supplies by utilities
- 223 Disqualification provisions: power to make regulations
- 224 Regulations: applications to Accountant in Bankruptcy etc.
- 224A Service of documents
- PART 18 General
- 225 Regulations: general
- 226 Modification of regulation making powers
- 227 Variation of references to time, money etc.
- 228 Interpretation
- 229 Meaning of “associate”
- 230 “Associates”: regulations for the purposes of section 229
- 231 Proceedings under EU insolvency proceedings regulation: modified definition of “estate”
- 232 Crown application
- 233 Re-enactment
- 234 Modifications, repeals, savings, revocations and transitional provisions
- 235 Continuity of the law
- 236 Sequestrations to which this Act applies
- 237 Commencement
- 238 Short title
- SCHEDULE 1 DEBTOR TO WHOM SECTION 2(2) APPLIES: APPLICATION OF ACT
- Modification of certain provisions of Act
- Accountant in Bankruptcy's duty to consider whether paragraph 1 should cease to have effect
- Procedure where Accountant in Bankruptcy considers paragraph 1 should cease to have effect
- Debtor's right of appeal against decision under paragraph 3
- Decision that paragraph 1 ceases to have effect: modification of certain provisions of Act
- SCHEDULE 2 DETERMINATION OF AMOUNT OF CREDITOR'S CLAIM
- Amount which may be claimed generally
- Claims for aliment and for periodical allowance on divorce or on dissolution of civil partnership
- Debts depending on contingency
- Secured debts
- Valuation of claims against partners for debts of the partnership
- SCHEDULE 3 PREFERRED DEBTS
- PART 1 List of preferred debts
- Contributions to occupational pension schemes etc.
- Remuneration of employees etc.
- Levies on coal and steel production
- Debts owed to the Financial Services Compensation Scheme
- Deposits covered by Financial Services Compensation Scheme
- Other deposits
- Certain HMRC debts
- PART 2 Interpretation of Part 1
- Meaning of “the relevant date”
- Amounts payable by way of remuneration
- Meaning of “prescribed”
- Meaning of “scheme manager”
- Meaning of “eligible deposit”
- Transitional provisions
- SCHEDULE 4 VOLUNTARY TRUST DEEDS FOR CREDITORS
- Remuneration of trustee
- Accountant in Bankruptcy's power to carry out audit
- Registration of notice of inhibition
- Lodging of claim to bar effect of limitation of actions
- Valuation of claims
- SCHEDULE 5 INFORMATION TO BE INCLUDED IN THE SEDERUNT BOOK
- SCHEDULE 6 MEETINGS OF CREDITORS AND COMMISSIONERS
- PART 1 Meetings of creditors other than the statutory meeting
- Calling of meeting
- Role of trustee at meeting
- Appeals
- PART 2 All meetings of creditors
- Validity of proceedings
- Holding of meeting
- Mandatories
- Quorum
- Voting at meeting
- Objections by creditors
- Adjournment of meeting
- Minutes of meeting
- PART 3 Meetings of commissioners
- SCHEDULE 7 RE-ENACTMENT OF SECTIONS 10 AND 189 OF THE BANKRUPTCY (SCOTLAND) ACT 1913
- Arrestments and attachments
- Exemptions from stamp or other duties for conveyances, deeds etc. relating to sequestrated estates
- SCHEDULE 8 MODIFICATION OF ENACTMENTS
- Judicial Factors (Scotland) Act 1889
- Sheriff Courts (Scotland) Act 1907
- Conveyancing (Scotland) Act 1924
- Administration of Justice Act 1956
- Conveyancing and Feudal Reform (Scotland) Act 1970
- Prescription and Limitation (Scotland) Act 1973
- Local Government (Scotland) Act 1973
- Education (Scotland) Act 1980
- Family Law (Scotland) Act 1985
- Legal Aid (Scotland) Act 1986
- Debtors (Scotland) Act 1987
- Agricultural Holdings (Scotland) Act 1991
- Crofters (Scotland) Act 1993
- Proceeds of Crime (Scotland) Act 1995
- Education (Scotland) Act 1996
- Adults with Incapacity (Scotland) Act 2000
- International Criminal Court (Scotland) Act 2001
- Debt Arrangement and Attachment (Scotland) Act 2002
- Agricultural Holdings (Scotland) Act 2003
- Fire (Scotland) Act 2005
- Further and Higher Education (Scotland) Act 2005
- Charities and Trustee Investment (Scotland) Act 2005
- Licensing (Scotland) Act 2005
- Bankruptcy and Diligence etc. (Scotland) Act 2007
- Criminal Proceedings etc. (Reform) (Scotland) Act 2007
- Legal Services (Scotland) Act 2010
- Housing (Scotland) Act 2010
- Food (Scotland) Act 2015
- SCHEDULE 9 REPEALS AND REVOCATIONS
- PART 1 Repeals
- PART 2 Revocations
Feedback