Scottish Government

More information on reform of the laws of bankruptcy and diligence can be found in the Scottish Executives website "Topics" page by choosing the following website links:

Bankruptcy

Debt and Enforcement

This document is also available in pdf format (1539k)

Ministerial foreword by Deputy First Minister and Minister for Enterprise and Lifelong Learning

PART ONE - INTRODUCTION
1. Executive summary
2. Purpose of the consultation paper and draft Bill
3. Overview of proposals for reform

PART TWO - BANKRUPTCY
4. Personal Bankruptcy Reform in Scotland: A Modern Approach
Responses to the consultation paper
5. Bankruptcy Reform: draft Bill
A: Bankruptcy period and associated issues
(i) Bankruptcy Period
(ii) Payments Towards Debt
(iii) The Debtor's Home
(iv) Inheritance and Other Rights
B: Bankruptcy restrictions
C: Bankruptcy disqualifications
D: Credit Limits
E: Bankruptcy petitions and associated issues
F: Administration issues
(i) Qualifying Credit Limit
(ii) Bankruptcy and DAS
(iii) Trustees
(iv) Composition
(v) Appeals Against Fees
(vi) Service of Documents Prior to Bankruptcy
(vii) Student Loans
6. Bankruptcy reform: regulatory reform
Protected trust deeds
7. Bankruptcy reform: proposals for comment/consultation
A: Apparent Insolvency
B: Debt solutions for all
C: Income payment orders
D: Credit limits
E: Sequestration

PART THREE - DILIGENCE
8. Enforcement of Civil Obligations in Scotland
9. Diligence reform: draft Bill
A: The Scottish Civil Enforcement Commission
B: Diligence on the dependence
C: Earnings arrestment
D: Arrestment and furthcoming
E: Land attachment
10. Diligence reform: Bill when introduced
A: Heritable property diligences
(i) Inhibition
(ii) Abolition of adjudication for debt
(iii) Attachment order
(iv) Abolition of sequestration for rent
(v) Abolition of action of maills and duties
(vi) Ejection
B: The regulation of informal debt collection
C: Attachment of Money
D: Time to pay arrangements
E: Wrongful diligence
F: Admiralty arrestments
G: Access to third party information
H: Minor amendments
11. Diligence reform: proposals for consultation
A: Business organisation of court officers
B: Enforcement authorised by summary warrants

PART FOUR - RESPONDING TO THE CONSULTATION
12. Contact details

ANNEXES
A. Draft Bill
B. Glossary
C. Business organisation of sheriff officers: secondary consultation
D. Business organisation of sheriff officers: analysis of responses
E. Consultation Response Form