The draft Debt Recovery (Mental Health Moratorium) (Scotland) Regulations
Overview
The Bankruptcy and Diligence (Scotland) Bill completed its progress through the Scottish Parliament on 6 June 2024. Section 1 of the Bill requires Scottish Ministers to create a moratorium on debt recovery action by creditors against individuals who have a mental illness. This is an enabling power which lays out the framework for the moratorium with the detail of the process to be provided in secondary legislation.
A draft of the The Debt Recovery (Mental Health Moratorium) (Scotland) Regulations has now been produced. This is based on the expert Mental Health Moratorium working group's recomendation, feedback from the Mental Health Moratorium public consultation, and various debates during scrutiny of the Bankrupty and Diligence (Scotland) Bill.
This consultation has been formed from the draft Regulations (although please note that some minor changes have been made to the Regulations since they were shared with the Scottish Parliament). Feedback received during this consultation will enable us to finalise and commence the Mental Health Moratorium Regulations subject to the will of Parliament.
Read the consultation paper. The consultation paper contains full background information for this consultation. You may find it useful to read or refer to while responding.
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).
Definition of terms
"the 2003 Act" means the Mental Health (Care and Treatment) Act 2003
"the 1995 Act" means the Criminal Procedure (Scotland) Act 1995
"the 2016 Act" means the Bankruptcy (Scotland) Act 2016
"the 2002 Act" means the Debt Arrangement and Attachment (Scotland) Act 2002
"the 1987 Act" means the Debtors (Scotland) Act 1987
“the draft Regulations” means the draft Debt Recovery (Mental Health Moratorium) (Scotland) Regulations
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