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The Debt Arrangement Scheme (Scotland) Regulations 2004

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Debt Arrangement Scheme (Scotland) Regulations 2004 No. 468

Bankruptcy (Scotland) Act 1985

1.  In section 14 (registration of court order) of the 1985 Act(1), after sub section (1)(b) insert–

(c)a copy of the order to the DAS administrator (as defined in regulation 2(1) of the Debt Arrangement Scheme (Scotland) Regulations 2004), where the debtor is taking part in a debt payment programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002.

2.  In section 15 (further provisions relating to sequestration) of the 1985 Act(2), for subsection (5)(b) substitute–

(b)forthwith send a copy of the order refusing or awarding sequestration to–

(i)the Accountant in Bankruptcy;

(ii)the DAS administrator (as defined in regulation 2(1) of the Debt Arrangement Scheme (Scotland) Regulations 2004), where the debtor is taking part in a debt payment programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002.

(1)

1985 c. 66. Section 14 was amended by the Bankruptcy (Scotland) Act 1993 (c. 6) (“the 1993 Act”), Schedule 1, paragraph 3.

(2)

1985 c. 66. Section 15 was amended by the 1993 Act, Schedule 1, paragraph 4.

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