ANNEX A
Bankruptcy and Diligence etc. (Scotland) Bill
[CONSULTATION DRAFT]
Contents
Part 1
Bankruptcy
Duration of bankruptcy
1 Discharge of debtor
Bankruptcy restrictions orders and undertakings
2 Bankruptcy restrictions orders and undertakings
Effect of bankruptcy restrictions orders and undertakings
3 Disqualification from being appointed as receiver
4 Disqualification for nomination, election and holding office as member of local authority
5 Orders relating to disqualification
The trustee in the sequestration
6 Amalgamation of offices of interim trustee and permanent trustee
7 Repeal of trustee's residence requirement
8 Duties of trustee
9 Grounds for resignation or removal of trustee
10 Termination of interim trustee's functions
11 Statutory meeting and election of trustee
12 Replacement of trustee acting in more than one sequestration
13 Requirement to hold money in interest bearing account
Debtor applications
14 Debtor applications
Income received by debtor after sequestration
15 Income received by debtor after sequestration
Debtor's home
16 Debtor's home
Modification of composition procedure
17 Modification of composition procedure
Status and powers of Accountant in Bankruptcy
18 Status of Accountant in Bankruptcy as officer of the court
19 Accountant in Bankruptcy's power to investigate trustees under protected trust deeds
Offences
20 Modification of offences under section 67 of the 1985 Act
Miscellaneous and general
21 Creditor to provide debt advice and information package
22 Meaning of apparent insolvency
23 Abolition of summary administration
24 Non-vested contingent interest reinvested in debtor
25 Debtor's requirement to give account of state of affairs
26 Restriction of debtor's right to appeal under sections 49(6) and 53(6) of the 1985 Act
27 Status of order converting protected trust deed into sequestration
28 Treatment of student loans on sequestration
29 Minor and consequential amendments of the 1985 Act
Part 2
Diligence
Chapter 1
Enforcement
Scottish Civil Enforcement Commission
30 Scottish Civil Enforcement Commission
31 Information and annual report
32 Publication of guidance and other information
33 Register of court enforcement officers
34 Code of practice
Court enforcement officers
35 Court enforcement officer
36 Appointment of court enforcement officer
37 Regulation of court enforcement officers
38 Effect of code of practice
39 Inspection of court enforcement officer
40 Investigation of alleged misconduct of court enforcement officer
41 Hearings before the disciplinary committee
42 Commission's powers in relation to offences or misconduct
43 Appeals from decisions under sections 36(1), 41(4) and 42
44 Court enforcement officer's actions void where officer has interest
45 Collection of statistics from court enforcement officers
46 Measure of damages payable by court enforcement officer for negligence or other fault
47 Court enforcement officers' professional association
Chapter 2
Land attachment
Land attachment
48 Land attachment
49 Notice of land attachment
50 Restriction on registration of notice of land attachment
Consequences of land attachment
51 Debts secured by land attachment not rendered heritable in succession
52 Restriction on priority of ranking of certain securities
53 Assignation of title deeds etc.
54 Effect of time order under Consumer Credit Act 1974
55 Acquisition of right to register notice of land attachment etc.
56 Effect of death of debtor on charge
57 Caveat by purchaser under missives
Preparations for sale of attached land
58 Application for warrant to sell attached land
59 Preliminary hearing on application for warrant to sell
60 Valuation report
61 Creditor's duties prior to full hearing on application for warrant of sale
62 Full hearing on application for warrant of sale
63 Application for warrant for sale of sole or main residence
64 Protection of purchaser under contract
65 Supplementary orders as respects sale
66 Effect of certain refusals of application for warrant under section 62(3)
67 Termination of debtor's right to occupy land
68 Consequences of giving notice under section 67(1)
69 Appointed person
The sale
70 Method of sale
71 Legal incapacity or disability of debtor not to affect title of purchaser
72 Title of purchaser not to be affected by certain irregularities
73 Effect of registration of disposition on securities
74 Report of sale
75 Audit of report of sale
76 Sheriff's consideration of report
77 Proceeds of sale
78 Warrant for sale where attached land held pro indiviso
Foreclosure
79 Foreclosure
80 Registration of decree of foreclosure
Payments to account and expenses
81 Ascription
82 Expenses of land attachment
Termination, discharge etc. of land attachment
83 Termination etc. by payment
84 Discharge
85 Recall
86 Duration of land attachment
General and miscellaneous
87 Land attachment to replace adjudication for debt
88 Interpretation
Chapter 3
Diligence on the dependence
89 Diligence on the dependence
90 Prescription of arrestment
91 Abolition of letters of loosing
92 Abolition of adjudication in security
Chapter 4
Interim attachment
93 Interim attachment
Chapter 5
Diligence against earnings
94 Simultaneous operation of arrestments against earnings where net earnings insufficient
95 Intimation of arrestment schedule
96 Provision of information
97 Conjoined arrestment orders: jurisdiction
98 Arrestment of seamen's wages
Chapter 6
Arrestment in execution and action of furthcoming
99 Arrestment in execution
Part 3
General and Miscellaneous
100 Interpretation
101 Regulations
102 Ancillary provision
103 Minor and consequential amendments and repeals
104 Short title and commencement
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Schedule 1 -Minor and consequential amendments of the 1985 Act
Schedule 2 -The Scottish Civil Enforcement Commission
Schedule 3 -Minor and consequential amendments
Schedule 4 -Repeals and revocations
Part 1 -Repeals
Part 2 -Revocations