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Official Report Meeting date: 18 January 2016

Finance Committee 18 January 2016

If we are talking about benefits, I can tell you that on Friday I visited a housing estate and saw tenants moving in to their new flat.

Last updated: 9 February 2026

Letter from Dr Mark Winskel Followup to 16 December evidence session on CCP 5 February 2026

These see a 64% reduction in emissions by 2040. The baseline includes the new build heat standard, and shows modest emission reductions.

Last updated: 20 March 2024

SPBill27AS062024

.”, (b) in subsection (4), after “(1)” insert “or (3)”, (c) after subsection (5), insert— 6 Bankruptcy and Diligence (Scotland) Bill “(6) The decision of the sheriff on an appeal under subsection (1)(b) or (3) is final.”. 5A Debtor not traced: former trustee’s outlays and remuneration (1) Section 142 (debtor not traced: new trustee) of the Bankruptcy (Scotland) Act 2016 is 5 modified as follows. (2) In subsection (6)(c), after “133” insert “(there being no effect on any outlays and remuneration paid to the former trustee before the issue of the notice)”. 5B Failure of debtor to co-operate with trustee in sequestration (1) The Bankruptcy (Scotland) Act 2016 is modified by subsections (2) and (3). 10 (2) After section 147, insert— 1 “Failure of debtor to co-operate with trustee 147A Debtor fails to co-operate: Accountant in Bankruptcy appointment as new trustee (1) This section applies where— 15 (a) AiB is not the trustee in the sequestration, (b) the period of 5 years beginning with the date of sequestration of a debtor’s estate has expired, and (c) the debtor has not been discharged from that sequestration. (2) The trustee in the sequestration may apply to AiB for authority to resign office 20 on account of the debtor’s failure to co-operate. (3) An application under subsection (2) must be made in the prescribed form and include information about— (a) the nature and the extent of the debtor’s failure to co-operate with the trustee, 25 (b) the actions taken by the trustee to secure the debtor’s co-operation, (c) any other matters that the trustee considers relevant, and (d) details of every creditor known to the trustee. (4) Before making an application under subsection (2), the trustee must— (a) notify the debtor by sending an intention to resign notice, and 30 (b) give an intention to resign notice to every creditor known to the trustee. (5) An intention to resign notice must— (a) be in the prescribed form, and (b) include a statement informing the recipient that the recipient has a right to make representations to AiB in relation to the application within 14 35 days beginning with the day on which the application is made. (6) After receiving an application under subsection (2), AiB must— (a) take into account any representations made by an interested person within 14 days beginning with the day on which the application is made, and 7 Bankruptcy and Diligence (Scotland) Bill 1 (b) if satisfied of the matters mentioned in subsection (7), issue to the trustee who made the application a notice in the prescribed form granting the application. (7) The matters are— 5 (a) that the debtor has failed to co-operate with the trustee to such an extent that the trustee is prevented from carrying out the trustee's functions under this Act, (b) that the failure is likely to continue, and (c) that the trustee has taken all reasonable steps to secure the debtor’s 10 co-operation. 1 (8) AiB— (a) may request such further information from the trustee as AiB considers necessary to make a decision under subsection (6), and (b) must notify the trustee, the debtor and every creditor known to AiB of 15 its decision under subsection (6). (9) Where a notice is issued under subsection (6)(b), 14 days after the notice is given— (a) AiB is deemed to be the trustee, (b) AiB must notify the debtor and every creditor known to AiB that AiB 20 is deemed to be the trustee, (c) AiB must make an appropriate entry in the register of insolvencies, (d) the former trustee is not entitled to recover, other than by a claim in the final distribution of the debtor's estate, outlays and remuneration payable under sections 132 and 133 (there being no effect on any outlays and 25 remuneration paid to the former trustee before the issue of the notice), (e) subsections (9) to (13) of section 69 apply in relation to the appointment of AiB as the new trustee as they apply in relation to the appointment of a new trustee under that section, (f) section 116 applies as if there were substituted for subsection (2)— 30 “(2) AiB may at any time before the discharge of the debtor require the debtor to give an account in writing, in such form as may be prescribed, of the debtor's current state of affairs.”, and (g) section 138 applies to the sequestration with the modifications in subsection (10). 35 (10) The modifications are— (a) in subsection (2), the words “after the date which is 12 months after the date on which sequestration is awarded” are omitted, (b) in subsection (3), for “must, as soon as practicable after the date which is 12 months after the date on which sequestration is awarded” substitute 40 “may, if the debtor co-operates with AiB to such an extent that AiB is able to carry out the trustee's functions under this Act”, (c) in subsection (6), for “must, as soon as practicable after the date which is 12 months after the date of the refusal” substitute “may, at any time 8 Bankruptcy and Diligence (Scotland) Bill after a refusal, if the debtor co-operates with AiB to such an extent that AiB is able to carry out the trustee's functions under this Act”. 147B Accountant in Bankruptcy appointment as new trustee: review and appeal (1) The trustee may apply to AiB for a review of a decision under section 147A(6) 5 to refuse an application. (2) The debtor or any creditor may apply to AiB for a review of a decision under section 147A(6) to grant an application. (3) Any application under subsection (1) or (2) must be made within 14 days beginning with the day of notification of the decision in question. 10 (4) If an application for review under subsection (2) is made, the grant of the 1 application is suspended until the determination of that review by AiB. (5) If an application for a review under subsection (1) or (2) is made, AiB must— (a) take into account any representations made by an interested person within 21 days beginning with the day on which the application is made, and 15 (b) confirm or revoke the decision within 28 days beginning with the day on which the application is made. (6) If, under subsection (5)(b), AiB— (a) revoke a decision to grant an application, AiB must revoke the notice given under section 147A(6)(b) granting the application, 20 (b) revoke a decision to refuse an application, AiB must issue a notice under section 147A(6)(b) granting the application, or (c) confirm a decision to grant an application, section 147A(9) applies as if for the words “14 days after the notice is given” there were substituted “14 days after the AiB decision under section 147B(5)(b)”. 25 (7) The debtor, the trustee or any creditor may appeal to the sheriff against any decision of AiB under subsection (5)(b) within 14 days beginning with the day of the decision. (8) If an appeal relating to a decision mentioned in subsection (6)(b) or (c) is made, the grant of the application is suspended until the determination of that 30 appeal. (9) If, on an appeal under subsection (7), the sheriff determines that an application which has been refused should be granted— (a) the sheriff must order AiB to issue a notice under section 147A(6)(b) granting the application, and 35 (b) section 147A(9) applies as if the words “14 days after the notice is given” were omitted. (10) If, on an appeal under subsection (7), the sheriff determines that an application which has been granted should be refused, the sheriff must order AiB to revoke the notice given under section 147A(6)(b) granting the application. 40 (11) The sheriff clerk must send AiB a copy of the sheriff's decree. (12) The decision of the sheriff on an appeal under subsection (7) is final. 9 Bankruptcy and Diligence (Scotland) Bill 147C Debtor fails to co-operate with AiB as trustee (1) This section applies where— (a) AiB is the trustee but was not appointed as trustee under section 147A, (b) the period of 5 years beginning with the date of sequestration a debtor’s 5 estate has expired, and (c) the debtor has not been discharged from that sequestration. (2) AiB, if satisfied of the matters mentioned in subsection (3), may make a determination that the debtor has failed to co-operate. (3) The matters are— 10 (a) that the debtor has failed to co-operate with AiB as trustee to such an 1 extent that AiB is prevented from carrying out the AiB's functions as trustee under this Act, (b) that the failure is likely to continue, and (c) that AiB has taken all reasonable steps to secure the debtor’s 15 co-operation. (4) If AiB makes a determination under subsection (2)— (a) AiB must notify the debtor and every creditor known to AiB that AiB has made a determination under subsection (2), and (b) section 116 applies as if there were substituted for subsection (2)— 20 “(2) AiB may at any time before the discharge of the debtor require the debtor to give an account in writing, in such form as may be prescribed, of the debtor's current state of affairs.”, and (c) section 138(6) applies as if for the words “must, as soon as practicable after the date which is 12 months after the date of the refusal” there 25 were substituted “may, at any time after a refusal, if the debtor co-operates with AiB to such an extent that AiB is able to carry out the trustee's functions under this Act.”. (3) In section 214 of the Bankruptcy (Scotland) Act 2016, after paragraph(2)(q) insert— “(qa) section 147B(5),”. 30 (4) In calculating a period of 5 years for the purposes of section 147A(1)(b) or section 147C(1)(b) of the Bankruptcy (Scotland) Act 2016, any part of that period which is before the commencement of subsection (1) may be included. 5C Commissioners: disqualification from office where AiB is trustee (1) Part 4 of the Bankruptcy (Scotland) Act 2016 is modified as follows. 35 (2) In section 76 (commissioners), in the opening words, after “sequestration” insert “where AiB is not the trustee”. (3) In section 77 (election, resignation and removal of commissioners), after subsection (6), insert— “(6A) A commissioner ceases to hold office if AiB is, or becomes, the trustee.”. 10 Bankruptcy and Diligence (Scotland) Bill Arrestee’s duty of disclosure 6 Arrestment and action of furthcoming (1) Part 3A of the Debtors (Scotland) Act 1987 is modified as follows. (1A) After section 73C, insert— 5 “73CA Service of documents for purposes of sections 73B and 73C (1) In relation to the service of documents for the purposes of sections 73B and 73C, the documents may be served on the arrestee— (a) by being delivered personally to the arrestee, (b) by being sent to the proper address of the arrestee— 10 (i) by a registered post service (as defined in section 125(1) of the 1 Postal Services Act 2000), or (ii) by a postal service which provides for the delivery of the document to be recorded, or (c) by being transmitted to the arrestee electronically. 15 (2) For the purpose of subsection (1)(b), the proper address of the arrestee is— (a) in the case of a body corporate, the address of the registered or principal office of the body, (b) in the case of a partnership, the address of the principal office of the partnership, 20 (c) in any other case, the last known address of the arrestee. (3) Where a document is served as mentioned in subsection (1)(b) on an address in the United Kingdom it is to be taken to have been received 48 hours after it is sent unless the contrary is shown. (4) For the purpose of subsection (1)(c)— 25 (a) electronic transmission of a document must be effected in a way that the arrestee has indicated to the creditor or officer of court that the arrestee is willing to receive the document, (b) the arrestee’s indication of willingness to receive a document in a particular way may be— 30 (i) specific to the document in question or generally applicable to documents of that kind, (ii) expressed specifically to the creditor or officer of court or generally (for example on a website), (iii) inferred from the arrestee having previously been willing to receive 35 documents from the creditor or officer of court in that way and not having indicated unwillingness to do so again, (c) the creditor or officer of court’s uploading of a document to an electronic storage system from which the arrestee is able to download the document may constitute electronic transmission of the document, where the arrestee 40 is sent a notification that the document has been uploaded in that way, (d) a notice transmitted electronically is taken to have been received on the day of transmission unless the contrary is shown.”. 11 Bankruptcy and Diligence (Scotland) Bill (2) In section 73G(4) (arrestee’s duty of disclosure)— (a) in paragraph (a), the word “and” after sub-paragraph (ii) is repealed, (b) after paragraph (b), insert— “(c) where no property is attached, the reason why (for example, the arrestee 5 does not hold funds standing to the credit of the debtor, or does hold such funds but the sum held is less than sum mentioned in section 73F(3)(a)).”. (3) In section 73H (failure to disclose information)— (a) in subsection (1)(b), for “mentioned in section 73F(4) of this Act” substitute “of 10 £500”, 1 (b) after subsection (4), insert— “(5) The Scottish Ministers may by regulations modify subsection (1)(b) so as to vary the sum mentioned there.”. 7 Diligence against earnings 15 (1) Part 3 of the Debtors (Scotland) Act 1987 is modified as follows. (1A) In section 70 (execution and intimation of copies)— (a) for subsection (3), substitute— “(3) An earnings arrestment schedule or a current maintenance arrestment schedule may be served on an employer— 20 (a) by being delivered personally to the employer, (b) by being sent to the proper address of the employer— (i) by a registered post service (as defined in section 125(1) of the Postal Services Act 2000), or (ii) by a postal service which provides for the delivery of the document 25 to be recorded, or (c) by being transmitted to the employer electronically. (3A) For the purpose of subsection (3)(b), the proper address of the employer is— (a) in the case of a body corporate, the address of the registered or principal office of the body, 30 (b) in the case of a partnership, the address of the principal office of the partnership, (c) in any other case, the last known address of the employer. (3B) Where a document is served as mentioned in subsection (3)(b) on an address in the United Kingdom it is to be taken to have been received 48 hours after 35 it is sent unless the contrary is shown. (3C) For the purpose of subsection (3)(c)— (a) electronic transmission of a document must be effected in a way that the employer has indicated to the officer of court that the employer is willing to receive the document, 12 Bankruptcy and Diligence (Scotland) Bill (b) the employer’s indication of willingness to receive a document in a particular way may be— (i) specific to the document in question or generally applicable to documents of that kind, 5 (ii) expressed specifically to the officer of court or generally (for example on a website), (iii) inferred from the employer having previously been willing to receive documents from the officer of court in that way and not having indicated unwillingness to do so again, 10 (c) the officer of court’s uploading of a document to an electronic storage 1 system from which the employer is able to download the document may constitute electronic transmission of the document, where the employer is sent a notification that the document has been uploaded in that way, (d) a notice transmitted electronically is taken to have been received on the 15 day of transmission unless the contrary is shown.”, and (b) for subsection (5), substitute— “(5) Section 12(1) of the Debt Arrangement and Attachment (Scotland) Act 2002 applies to the service of an earnings arrestment schedule, a current maintenance arrestment schedule or a conjoined arrestment order as it applies to the 20 execution of an attachment except where such service is by post or transmitted electronically.”. (2) In section 70A (employer’s duty to provide information)— (a) in subsection (1)— (i) for “Where an employer” substitute “This section applies where a person”, 25 (ii) the words from “the employer shall” to the end of the subsection are repealed, (b) for subsection (2) substitute— “(1A) If— (a) the debtor is not employed by the person who received the schedule or 30 order, or (b) the debtor is employed by that person but, because of the net earnings of the debtor, the sum to be deducted on any pay-day under this Part of this Act is, or is expected to be, nil, the person must, within 21 days of the order or schedule being served, send 35 to the relevant person the information mentioned in paragraph (a) or (b) (as as nearly as may be in) such form as may be prescribed. appropriate) in (or (2) Otherwise, the employer must send to the relevant person the information mentioned in subsection (3) at each of the following times— (a) as soon as is reasonably practicable following the order or schedule 40 being served, and (b) subsequently, provided the debt has not been extinguished, on or as soon as is reasonably practicable after the dates mentioned in subsection (4), in (or as nearly as may be in) such form as may be prescribed.”, 13 Bankruptcy and Diligence (Scotland) Bill (c) in subsection (3)— (i) in the opening words, for “(1)” substitute “(2)”, (ii) in paragraph (b)(i), for “(1)” substitute “(2)(a)”, (iii) in paragraph (b)(ii), for “(2)” substitute “(2)(b)”, 5 (d) in subsection (4), for “(2)” substitute “(2)(b)”, (e) in subsection (5)— (i) in the opening words, for “subsections (1) and (2)” substitute “subsection (2)”, (ii) in the opening words, for the words from “give notice” to “the sheriff clerk” 10 substitute “send to the relevant person notice—”, 1 (iii) after paragraph (b), insert— “in (or as nearly as may be in) such form as may be prescribed.”, (f) after subsection (5), insert— “(5A) But subsection (5) does not apply where a notice has been given to the relevant 15 person under subsection (1A)(b).”, (g) in subsection (6), for “subsection (1) or (2)” substitute “subsection (2)”, (h) after subsection (6), insert— “(7) In this section— (a) “relevant person” means— 20 (i) the creditor, or (ii) in the case of a conjoined arrestment order, the sheriff clerk, (b) “prescribed” means prescribed by regulations made by the Scottish Ministers.”.

Last updated: 18 December 2023

Minute of meeting held 13 September 2023

Also reference meeting with Minister for Housing, Paul McLennan in the new year. Minutes from previous meeting approved.

Official Report Meeting date: 17 November 2020

Justice Committee 17 November 2020

However, as soon as you start doing new legislation here, it is a new ball game in relation to how solid the consensus is around what it is that you are, in fact, trying to do.

Official Report Meeting date: 17 January 2017

Delegated Powers and Law Reform Committee 17 January 2017

In relation to the power in proposed new section 85C of the Police and Fire Reform (Scotland) Act 2012, which is inserted by section 1 of the bill, the committee is invited to agree to raise the following three questions.

Official Report Meeting date: 22 November 2017

Local Government and Communities Committee 22 November 2017

The nearest rail project to Levenmouth is the new Stirling-Alloa-Kincardine line in my constituency.

Official Report Meeting date: 7 September 2016

Finance Committee 07 September 2016

That is for the longer term, but what about this year? Some of the new powers are coming, and it is worth exploring the new processes that will relate to them.

Official Report Meeting date: 11 June 2025

Criminal Justice Committee 11 June 2025

09:15 On your first point, the successful completion rate for home detention curfew, from the latest figures available, is 93 per cent, which means that there is a 7 per cent recall rate.

Last updated: 13 January 2023

Tackling child poverty Cab Sec SJHLG to AGS 12 Jan 2023

National level statistics are published quarterly in relation to NOLB, with the latest data available on the Scottish Government website.

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