Proposals for Changes to Protected Trust Deeds

Overview

The Scottish Government has a range of statutory debt solutions to help those dealing with debt - bankruptcy, protected trust deeds (PTDs) and the Debt Arrangement Scheme (DAS).

The consultation seeks views on proposals to help address some concerns identified with the operation of PTDs. This includes proposed measures that promote the granting and protection of a trust deed only where it is the appropriate solution in the circumstances. The proposals also seek to ensure that the system operates on the basis that a fair balance is struck between the interests of those with unsustainable debts and their creditors.

Why your views matter

The Scottish Government previously carried out a consultation asking for feedback on current PTD legislation set out in Part 14 of the Bankruptcy (Scotland) Act 2016. That consultation highlighted a number of concerns with PTDs and this consultation seeks views on proposals which are aimed at addressing the concerns and enhancing the effectiveness of PTDs through greater transparency and fairness.

We are committed to continuously improving our legislation and your feedback will be used to help shape policy. We want to make sure our statutory debt solutions continue to evolve and fully meet the needs of those that access them. To do this we continue to look at the three solutions together to ensure that collectively they provide the right range of choice for those experiencing financial difficulties. We are currently carrying out a consultation on DAS and you may wish to read the current DAS consultation alongside this.

Read the consultation paper.