Mental Health Moratorium Consultation

Closed 22 Jan 2024

Opened 13 Nov 2023

Published responses

View submitted responses where consent has been given to publish the response.


The Scottish Government committed to a policy review of Scotland’s statutory debt solutions with the aim of further enhancing and improving our system.

Part of this review was undertaken by stakeholder-led working groups which recommended the introduction of a Mental Health Moratorium in Scotland. They recognised the benefits in establishing a specific tool which ensures people struggling with mental health and finances have access to breathing space and respite.

A Mental Health Moratorium Working Group (the working group) was formed to look at possible ways the Mental Health Moratorium could work in practice. The group’s membership includes mental health professionals, representatives from the debt advice community and the creditor sector. A series of meetings and in-depth discussions resulted in the publication of the Mental Health Moratorium Working Group - report of recommendations.

On 27 April 2023, the Bankruptcy and Diligence (Scotland) Bill (the ‘Bill’) was introduced to Parliament. This includes the power to introduce a Mental Health Moratorium. Secondary legislation to support this Bill will contain the detail of the Mental Health Moratorium process.

The Economy and Fair Work Committee (the ‘Committee’) is leading on the scrutiny of the Bill. Responses to their call for evidence on the Bill can be viewed on the Scottish Parliament website.

The basis of this consultation has been formed from the working group’s report of recommendations, the responses to the Committees calls for evidence and other stakeholder engagement which has been undertaken.

Read the consultation paper

Useful information about responding to this consultation

As you complete your response, each page will provide the option to 'Save and come back later' at the bottom. This means you can save your progress and return to the consultation at any time before it closes. If you don't use this feature and leave the consultation midway through, your response will be lost.

Once you have submitted your response, you can enter your email address to get a pdf copy of your answers sent to you.

On the 'About You' page at the end of this consultation, organisations will have the opportunity to tell us more about their work and/or how their response was informed.

After the consultation has closed there will be a few months delay before any responses are published. This is because we must check any responses to be published abide by our Terms of Use.

A analysis report will usually be published some months after the consultation has closed. This report will summarise the findings based on all responses submitted. It will be published on the Scottish Government website and you may be notified about it if you choose to share your email address with us. You can also join our consulation mailing list where we regularly list newly published analysis reports (as well as new consultations).


Why your views matter

The feedback received during this consultation will enable us to finalise the process for the mental health moratorium and develop the necessary regulations subject of course to the will of Parliament and the enabling power being passed.

What happens next

All responses are currently being analysed and considered along with any other available evidence to help us. An analysis report will be made available shortly.

Where respondents have given permission for their response to be made public, and after we have checked that they contain no potentially defamatory material, responses will be made available to the public.


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