The Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025

Made: 13th May 2025

Laid before the Scottish Parliament: 15th May 2025

Coming into force: 25th June 2025

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 116(2), 147A(3), (5)(a) and (6)(b), and 224(1) of the Bankruptcy (Scotland) Act 2016[^f00001], section 21(1) of the Bankruptcy and Diligence (Scotland) Act 2024[^f00002] and all other powers enabling them to do so.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025 and come into force on 25 June 2025.

• (2) In these Regulations, “the 2016 Act” means the Bankruptcy (Scotland) Act 2016.

Amendment of the Bankruptcy (Applications and Decisions) (Scotland) Regulations 2016

2

• (1) The Bankruptcy (Applications and Decisions) (Scotland) Regulations 2016[^f00003] are amended as follows.

• (2) In regulation 9 (recall of sequestration by Accountant in Bankruptcy)—

• (a) for paragraph (4) substitute—

(4) AiB must send a statement of the debtor’s affairs with any notification under section 35(2)(b) of the Act[^f00004] (recall where the only ground is that the debtor has paid or is able to pay the debtor’s debts in full: AiB acting as trustee).

• (b) paragraph (5) is omitted.

Amendment of the Bankruptcy (Scotland) Regulations 2016

3

• (1) Schedule 1 (forms) of the Bankruptcy (Scotland) Regulations 2016[^f00005] is amended as follows.

• (2) In the table (list of forms to be used) in the heading of the fourth column (relevant provisions of the Regulations), for “the Regulations” substitute “these Regulations or any other Regulations as may be specified”.

• (3) At the end of the table (list of forms to be used), insert the rows set out in Part 1 of the schedule.

• (4) In Form 23 (debtor’s account of current state of affairs), for “section 87(1)” substitute “section 87(2)”.

• (5) After Form 34, insert—

• (a) Form 35 set out in Part 2 of the schedule, which is the prescribed form for a trustee application to AiB for authority to resign office, for the purposes of section 147A(3) of the 2016 Act,

• (b) Form 36 set out in Part 3 of the schedule, which is the prescribed form for a trustee’s intention to resign notice, for the purposes of section 147A(5)(a) of the 2016 Act, and

• (c) Form 37 set out in Part 4 of the schedule, which is the prescribed form of notice from AiB granting the trustee’s application to resign office, for the purposes of section 147A(6)(b) of the 2016 Act.

SCHEDULE — FORMS

PART 1

PART 2

PART 3

PART 4

Signed

IVAN McKEE — Authorised to sign by the Scottish Ministers — 13th May 2025

Explanatory note

(This note is not part of these Regulations)

EXPLANATORY NOTE

These Regulations make amendments and prescribe forms in consequence of provision made by the Bankruptcy and Diligence (Scotland) Act 2024 (“the 2024 Act”).

Regulation 2 amends the notification requirements on the Accountant in Bankruptcy (“AiB”) in the Bankruptcy (Applications and Decisions) (Scotland) Regulations 2016 in connection with the process for recall where AiB is the trustee and acts on its own accord in proposing recall of an award of sequestration on the basis that it considers the debtor has paid, or is able to pay, the debtor’s debts in full. These amendments are in consequence of section 4 of the 2024 Act which modifies the process for applying for recall of sequestration under the Bankruptcy (Scotland) Act 2016 (“the 2016 Act”).

Regulation 3(5) specifies the forms to be used for the purposes of section 147A(3), (5)(a) and (6)(b) of the 2016 Act, as inserted by section 12(2) of the 2024 Act—

• form 35 to be used for a trustee application to AiB for authority to resign office on account of the debtor’s failure to co-operate,

• form 36 for the ‘intention to resign’ notice which a trustee is required to use to notify the debtor and every creditor known to the trustee of their intention to make an application to AiB to resign office,

• form 37 which AiB is to issue to the trustee where AiB decides to grant the trustee’s application for authority to resign office.

The forms are inserted into schedule 1 of the Bankruptcy (Scotland) Regulations 2016. Regulation3(4) corrects an erroneous cross-reference in Form 23 in those Regulations.

A Business and Regulatory Impact Assessment and Child Rights and Wellbeing Impact Assessment have been prepared and are available online at www.legislation.gov.uk.

Footnotes

[^f00001]: 2016 asp 21 (“the 2016 Act”). Section 116(2) is modified by sections 147A(9)(f) and 147C(4)(b) of the 2016 Act inserted by section 12(2) of the Bankruptcy and Diligence (Scotland) Act 2024 (“the 2024 Act”). Section 147A(3), (5)(a) and (6)(b) is inserted by section 12(2) of the 2024 Act. Section 12(2) of the 2024 Act was commenced on 17 April 2025 by regulation 2(1) of the Bankruptcy and Diligence (Scotland) Act 2024 (Commencement No. 2, Transitional and Saving Provisions) Regulations 2025 (S.S.I. 2025/107) for the purpose of enabling the Scottish Ministers to prescribe forms under section 147A(3), (5)(a) and (6)(b). Section 12 of the 2024 Act in so far as not already in force is commenced on 25 June 2025. Section 228(1) of the 2016 Act contains definitions of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made.

[^f00002]: 2024 asp 9.

[^f00003]: S.S.I. 2016/295.

[^f00004]: Section 35(2)(b) is inserted by section 4(7)(b) of the Bankruptcy and Diligence (Scotland) Act 2024 (asp 9).

[^f00005]: S.S.I. 2016/397.

[^f00006]: S.S.I. 2025/145.