Call for evidence on the Bankruptcy (Scotland) Bill

The call for evidence is open from Thursday 12 November until 6pm on Tuesday 8 December 2015. Before making a submission, please read our Policy on Treatment of Written Evidence by Subject and Mandatory Committees.

The Scottish Parliament’s Delegated Powers and Law Reform Committee has launched a call for written evidence as part of its Stage 1 consideration of the Bankruptcy (Scotland) Bill.  This Bill was introduced into the Scottish Parliament, by the Scottish Government on Friday 30 October 2015.

The Bill consolidates the law of bankruptcy. Specifically, it consolidates the Bankruptcy (Scotland) Act 1985 and the subsequent amending legislation - principally the Bankruptcy (Scotland) Act 1993; the Bankruptcy and Diligence etc. (Scotland) Act 2007 and the Bankruptcy and Debt Advice (Scotland) Act 2014 (“the 2014 Act”). It also consolidates the substantive provisions of the Protected Trust Deeds (Scotland) Regulations 2013.

The purpose of consolidation bills is to bring together existing legislation to create one accessible piece of law in one place. As such, this Bill does not change the substance of the law of bankruptcy.

A copy of the Bill, and its accompanying documents, are available here.

At Stage 1 it is for the Delegated Powers and Law Reform Committee to consider whether the Bill should proceed as a consolidation bill. It is not for the Committee to consider the policy merits of the law being consolidated nor any changes to bankruptcy law.

To inform the Committee’s consideration of the Bill it would be helpful if written submissions could address the following questions:

1. Do you think bankruptcy law should be consolidated?

2. Is it the right time to consolidate bankruptcy law?

3. Has the Bill captured everything it should?

  • Is the list of statutes consolidated complete?
  • Has everything from those statutes that should be consolidated, been consolidated?

4. Do you have any views on the approach taken in the Bill to consolidation?

How to submit your evidence

Submissions should be limited to no more than eight pages of A4. Responses should be sent, wherever possible, electronically and in MS Word format to the following email address:

Before submitting your evidence please read the Parliament’s policy on treatment of written evidence by subject and mandatory committees (see above).

Responses can also be sent by post to:

Clerk to the Delegated Powers and Law Reform Committee, Chamber Office, Room T1.01, Scottish Parliament, Edinburgh, EH99 1SP.

The closing date for receipt of submissions is 6pm on Tuesday 8 December.

For Committee information, contact:

Euan Donald: 0131 348 5212

Deborah Cook: 0131 348 5175

Daren Pratt: 0131 348 6282

For media information, contact:

Kirsty Rimmer: 0131 348 6269