The Bankruptcy (Money Advice and Deduction from Income etc.) (Scotland) Regulations 2014

Made: 5th November 2014

Coming into force: 1st April 2015

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Citation and commencement

1

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Interpretation

2

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Money advisers

Approved categories of money advisers

3

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Persons who may not be approved money advisers

4

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Other matters on which a debtor must obtain advice

5

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Money advice on debtor applications: procedure on evidence and information

6

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Amendment of the Bankruptcy (Certificate for Sequestration) (Scotland) Regulations 2010

7

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Deduction from debtor’s earnings and other income

Deduction from debtor’s earnings and other income

8

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Minor and consequential amendments

Amendment of the 1985 Act: family home not to reinvest (gratuitous alienation)

9

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Revocations and debtor applications before 1st April 2015

Revocation

10

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Debtor applications before 1st April 2015 (low income, low asset debtors)

11

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SCHEDULE 1 — Form - Certificate for Sequestration

SCHEDULE 2 — Forms – Deduction from Income

Signed

FERGUS EWING — Authorised to sign by the Scottish Ministers — 5th November 2014

Explanatory note

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Footnotes

[^f00001]: 1985 c.66 (“the 1985 Act”). Section 5A was inserted by section 15(2) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (“the 2007 Act”) and is prospectively repealed by schedule 4 to the Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11) (“the 2014 Act”). Section 5B(5) was inserted by section 9(2) of the Home Owner and Debtor Protection (Scotland) Act 2010 (asp 6) and amended by the 2014 Act, schedule 3, paragraph 5 and schedule 4. Section 5C was inserted by section 1(2) of the 2014 Act. Section 32E(7) was inserted by section 4 of the 2014 Act. Section 39A(4)(a) was inserted by section 19(2) of the 2007 Act. Section 71C was inserted by section 36 of the 2014 Act. Section 72(1A) was inserted by the 2014 Act, schedule 3, paragraph 34(a). Section 73(1) of the 1985 Act contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

[^f00002]: Section 72(2) has been modified by paragraph 5(2) of schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (“the 2010 Act”). The powers to make these Regulations are exercised together by virtue of section 33(2) of the 2010 Act.

[^f00003]: See the Common Financial Tool etc. (Scotland) Regulations 2014 (S.S.I. 2014/290).

[^f00004]: 1986 c.45. Section 390 was amended by the Adults with Incapacity (Scotland) Act 2000 (asp 4), section 88(2), Schedule 5, paragraph 18; the Insolvency Act 2000 (c.39), section 8, Schedule 4, paragraph 16(2); the Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005, S.S.I. 2005/465, article 2, Schedule 1, paragraph 18(3); the Mental Capacity Act 2005 (c.9), section 67(1), (2), Schedule 6, paragraph 31(3), Schedule 7; and the Tribunals, Courts and Enforcement Act 2007 (c.15), section 108(3), Schedule 20, paragraph 6.

[^f00005]: Under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17).

[^f00006]: 1994 c.39.

[^f00007]: 2014 c.14.

[^f00008]: 1965 c.12. Section 1 is relevantly amended and repealed subject to savings and transitional provisions by the Co-operative and Community Benefit Societies Act 2014 (c.14).

[^f00009]: 1979 c.34. Section 1 was amended by S.I. 1996/1189, 2001/2617 and 2538 and 2002/1501 and the Co-operative and Community Benefit Societies Act 2014 (c.14), Schedule 4, subject to savings and transitional provisions specified in section 151 and Schedule 5 to that Act.

[^f00010]: 1986 c.45. Schedule 4A was inserted by the Enterprise Act 2002 (c.40), Schedule 20, paragraph 1.

[^f00011]: Sections 56A, 56F and 56G were inserted by section 2 of the 2007 Act. Section 56G and other references to bankruptcy restrictions undertakings are repealed by section 52 of the 2014 Act, subject to transitional arrangements.

[^f00012]: 1986 c.46, as amended by the Insolvency Act 2000 (c.39), sections 5 and 6 and Schedule 4, paragraph 2, and the Enterprise Act 2002 (c.40), section 204(3).

[^f00013]: The Money Advice Trust is a company registered in England and Wales with registered number 4741583, registered charity in England and Wales registration number 1099506.

[^f00014]: 2002 asp 17.

[^f00015]: Inserted by section 1(2) of the 2014 Act.

[^f00016]: S.S.I. 2010/397.

[^f00017]: Inserted by section 4 of the 2014 Act.

[^f00018]: 1987 c.18.

[^f00019]: Inserted by S.S.I. 2008/81.

[^f00020]: S.S.I. 2008/81, amended by S.S.I. 2013/137.

[^f00021]: S.S.I. 2013/137.

Editorial notes