Bills/Bankruptcy (Scotland) Bill

SP Bill 83

Bankruptcy (Scotland) Bill

Full BillStage 3
Type: Government

# Bankruptcy (Scotland) Bill The Bankruptcy (Scotland) Bill was introduced to modernise and reform Scotland's insolvency law, which had remained largely unchanged since the 19th century. The bill addressed significant gaps and outdated provisions in the existing bankruptcy system, which failed to reflect contemporary commercial practices and created practical difficulties for those dealing with insolvency. The reform was needed to improve the efficiency of debt recovery, better protect creditors' interests, and provide clearer procedures for both individuals and businesses facing financial difficulties. The bill introduced comprehensive reforms to Scotland's bankruptcy procedures, including new mechanisms for personal debt resolution, enhanced protections for creditors, and clearer timescales for discharge from bankruptcy. Key provisions established a simplified procedure for low-value estates, improved notification systems for creditors, and reformed rules governing the role of the Accountant in Bankruptcy (the public official overseeing insolvency in Scotland). The bill also introduced new powers to deal with undisclosed assets and strengthened provisions against fraud. The Bankruptcy (Scotland) Bill became law in 2016 and was fully implemented through phased commencement dates, with its main provisions coming into force in 2016 and subsequent years, significantly modernising how insolvency is handled within the Scottish legal system.

AI-generated summary

Parliamentary Progress

Introduced

30 October 2015

Stage 1

27 January 2016

Stage 2

23 February 2016

Stage 3

22 March 2016

Debate

Register to request a debate.
View on parliament.scot

Data sourced from parliament.scot