Scottish Statutory Instrument SI 2016/397 United Kingdom

The Bankruptcy (Scotland) Regulations 2016

Read it on legislation.gov.uk (opens in a new tab)
Status
In Force
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Trader1 Any Person1

Plus 1 duty on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties
Any Person — also bound by 2340 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.007 Money advice on debtor applications: procedure on evidence and information Regulated
  • Obtain and keep evidence of debtor's income and expenditure for 2 yearsAny Person
s.008 Certificate for sequestration: form and manner Regulated
  • Ensure certificate for sequestration is in Form 2 and properly signedTrader
s.012 Debtor applications Regulated
Other duties (1) — Crown / regulator
  • AiB must notify debtors of sequestration decision without delayCrown / Minister / Government department
31 other provisions — procedural and definitional
s.001 Citation and commencement
s.002 Interpretation
s.003 Forms
s.004 Approved categories of money advisers
s.005 Persons who may not be approved money advisers
s.006 Other matters on which a debtor must obtain advice
s.009 Certificate for sequestration: fee
s.010 Certificate for sequestration: prescribed period
s.011 Debt advice and information package
s.013 “Minimal Asset Process” debtors to whom section 2(2) of Act applies: prescribed payments
s.014 “Minimal Asset Process” debtors to whom section 2(2) of Act applies: total assets
s.015 116Common financial tool
s.016 Common financial tool: contingency allowance
s.017 Common financial tool: supporting statements and evidence
s.018 Money Advice Trust licence requirements: report
s.019 Debtor contribution orders
s.020 Deduction from debtor's earnings and other income
s.021 Claims in foreign currency
s.022 Conversion of foreign currency claims
s.023 Trustee resignation application
s.024 Abandonment of heritable property by trustee
s.025 Financial education
s.026 Interest on claims in sequestration
s.027 Certificate of deferral of debtor's discharge
s.028 Premium of bond of caution
s.029 Moratorium on diligence: notice of intention to apply
s.030 Register of Insolvencies
s.031 Application of Bankruptcy (Scotland) Act 2016 to limited partnerships
s.032 Revocations
s.033 Sequestrations and trust deeds before 30th November 2016
s.034 Moratorium on diligence: notice of intention to apply under Bankruptcy (Scotland) Act 2016
Schedules

Schedules

0 of 5 shown
5 other schedules
s.sch002 A. Sequestrations Name of debtor Debtor's date of birth (where...
s.sch002 B. Protected trust deeds for creditors Name and address of...
s.sch002 C. Bankruptcy Restrictions Orders, Interim Bankruptcy Restrictions Orders and Bankruptcy...
s.sch002 D. Moratorium Notice of intention to apply – moratorium on...
s.sch002 E. Winding up and receivership of business associations Company number...

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.