Commencements 01 April 2008
01 April 2008

An order has now been published by Scottish Ministers bring into force various parts of the 2007 Act. The commencements and relevant saving and transitional provisions can be found in The Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No. 3, Savings and Transitionals) Order 2008

The main headings of the areas commenced are in the right hand column. Click on the links for more details of the impact of these commencements.

Click here for some brief notes prepared by the Accountant in Bankruptcy, the government agency charged with bringing the act into force, on the new provisions relative to diligence.

April 2008 commencements include:

  • Automatic Discharge on Bankruptcy after one year
  • Jurisdiction in bankruptcy exclusive to Sheriff Court
  • Low income/low asset debtor petitions for sequestration
  • New procedures for application for diligence on the dependence
  • Statutory tests to be applied for applications for diligence on the dependence
  • Inhibition on the dependence available in the Sheriff Court
  • Abolition of Sequestration for rent.