Bankruptcy (Scotland) Bill

 

Stage 1 scrutiny by the Delegated Powers and Law Reform Committee

The Bankruptcy (Scotland) Bill was introduced by the Lord Advocate on 30 October 2015.

Read the Bankruptcy (Scotland) Bill and accompanying documents

The Bill consolidates the law of bankruptcy. Specifically, it consolidates the Bankruptcy (Scotland) Act 1985 and the subsequent amending legislation principally the Bankruptcy (Scotland) Act 1993; the Bankruptcy and Diligence etc. (Scotland) Act 2007 and the Bankruptcy and Debt Advice (Scotland) Act 2014 (“the 2014 Act”). It also consolidates the substantive provisions of the Protected Trust Deeds (Scotland) Regulations 2013.

The purpose of consolidation bills is to bring together existing legislation to create one accessible piece of law in one place. As such, this Bill does not change the law of bankruptcy.

Timetable

The Delegated Powers and Law Reform Committee was formally designated lead committee for the Bill on 11 November 2015.

The Committee published its Stage 1 report on the Bill on 20 January 2016.

Stage 2 proceedings took place on 23 February 2016.

The Bill was passed by Parliament after the Stage 3 debate on Tuesday 22 March 2016.

Evidence

Written evidence

The Committee issued a call for evidence on 12 November 2015. The closing date for receipt of submissions was Tuesday 8 December 2015.

Read the news release on the call for evidence

Read the call for evidence

Read the Policy on Treatment of Written Evidence by Subject and Mandatory Committees

Read the written submissions received

Oral evidence

  • 17 November 2015 - Scottish Government officials and Accountant in Bankruptcy (AiB). Watch the video
  • 1 December 2015 - Scottish Government officials and the drafter of the Bill. Watch the video
  • 15 December 2015 - ICAS and R3 Association of Business Recovery Professionals' Scottish Technical Committee. Watch the video
  • 5 January 2016 - Minister for Business Energy and Tourism, Scottish Government officials, AiB and the drafter of the Bill. Watch the video

Read the meeting papers and Official Reports of these meetings

Additional information and correspondence

 

Report

The Committee published its Stage 1 report on the Bankruptcy (Scotland) Bill on 20 January 2016.

7th Report, 2016 (Session 4): Report on the Bankruptcy (Scotland) Bill at Stage 1

The Minister for Business, Energy and Tourism responded to the Committee's report on 4 February 2016.

Debate

The general principles of the Bill were agreed to by Parliament on 27 January 2016.

Stage 2 proceedings took place on 23 February 2016. 

 

 

The Stage 3 debate took place on Tuesday 22 March 2016 after which the Bill was passed by Parliament. 

 
This website is using cookies.
We use cookies to ensure that we give you the best experience on our website. If you continue without changing your settings, we’ll assume that you are happy to receive all cookies on this website.