Review of changes introduced by Bankruptcy and Debt Advice (Scotland) Act 2014

Closes 11 Feb 2020

Opened 5 Nov 2019

Overview

Over the last year Accountant in Bankruptcy (AiB) has been seeking feedback from stakeholders and gathering information on how each of the changes implemented by the 2014 Act have been working in practice, and if there is a requirement for further improvements to be made.

This consultation concentrates on the areas introduced by the 2014 Act that have been highlighted as needing some improvement. These key areas are as follows:

  • Statutory Moratorium on Diligence;
  • Common Financial Tool;
  • Debtor Contribution Order;
  • Minimal Asset Process Bankruptcy; and
  • Financial Education.

The consultation will also seek views on two additional areas which have been raised with AiB.

  • The treatment of Child Maintenance Debt in Bankruptcy; and
  • The Statutory Rate of Interest applied in Bankruptcy.

Why We Are Consulting

In April 2015, the Scottish Government introduced the most significant and wide-ranging reforms to bankruptcy law in Scotland for 30 years with the Bankruptcy and Debt Advice (Scotland) Act 2014.

The Scottish Government is now seeking views on the effectiveness and operational impact of the reforms introduced through that act. We are committed to continuous improvement and we want your feedback on the effectiveness of these reforms.

Read the consultation paper.

Give us your views

Interests

  • Communities and Third Sector
  • Economy