As part of the Scottish Government, AiB seeks views from stakeholders and the public through a range of public consultations. Consultations and subsequent reviews include:
- Fees consultation
- Common Financial Tool
- Modernisation of insolvency rules
- Credit Union Debts in Protected Trust Deeds
Accountant in Bankruptcy fees
Consultation closed 12 March 2018.
Common Financial Tool
Consultation on whether the Common Financial Tool should be replaced with the Standard Financial Statement as the method to asses a debtor's income and expenditure.
Consultation closed 27 October 2017.
View submitted responses where consent has been given to publish the response
Consultation and review of diligence legislation introduced by the Bankruptcy and Diligence etc. (Scotland) Act 2007.
Consultation closed 30 November 2016.
Modernisation of insolvency rules
Feedback was asked for on the The Public Services Reform (Insolvency) (Scotland) Order 2016.
This was brought in to bring the position for devolved areas of corporate insolvency in Scotland in to line with these changes in England and Wales.
Feedback closed 28 November 2016.
Debt Arrangement Scheme
The following consultations and reviews of the Debt Arrangement Scheme (DAS) can be viewed here. Further information on DAS can also be found here.
A review of the Debt Arrangement Scheme legislation that was introduced by the Debt Arrangement Scheme (Scotland) Amendment Regulations 2013; and Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 was held between 22 March and 4 May 2016.
- Debt Arrangement Scheme review 2016 - interim response with supplementary questions
- summary of initial consultation responses
- DAS 2016 consultation responses where consent has been given to publish the response
- Consultation response - Debt Arrangement Scheme (DAS) - The Way Forward
- DAS 2017 consultation responses where consent has been given to publish the response
- DAS 2018 consultation - Building a Better Debt Arrangement Scheme
- DAS 2018 consultation - Summary of responses and report
- Debt Arrangement Scheme consultation report - Improving access 2010
Protected Trust Deeds
Protected trust deed review 2016
A consultation on a review of the Protected Trust Deed (PTD) legislation that was introduced by the Protected Trust Deed (Scotland) Regulations 2013 (the “2013 regulations”).
A consultation on the future of protected trust deeds (PTDs) ran between 17 October 2011 and 31 January 2012 seeking views on the recomendations of the Protected Trust Deed Working Group (PTDWG) to improve the PTD process.
Consultation and report
- Protected Trust Deeds Consultation
- Report on Protected Trust Deeds Consultation
- Scottish Government Response to Protected Trust Deeds Consultation
Protected trust deed impact assessments
- Protected trust deed equality questionnaire
- Equality Impact Assessment Record
- Business and Regulatory Impact Assessment
Bankruptcy law reform
A consultation on Bankruptcy Law Reform was launched on 24 February 2012 until 18 May 2012. The consultation made recomendations on many aspects of bankruptcy law, with the aim of modernising current Scottish insolvency legislation.
- Bankruptcy Law Reform Consultation
- Summary of responses report
- Scottish Government's Response to the Consultation
- Bankruptcy Law Reform update - February 2013
- Bankruptcy Bill equality questionnaire
Credit union debts in PTDs
Supplementary public consultation on special protection for debts owed to Credit Unions in Protected Trust Deeds.
Consultation on Credit Union debts in PTDs
A public consultation on proposed the Low Income, Low Asset (LILA) regulations to introduce a new route into bankruptcy.
Consultation on proposed regulations
One Year Review
A review of LILA was carried out after four months of it being in operation to establish whether the LILA route into bankruptcy had been successful in providing a route into bankruptcy for those people who were previously unable to obtain debt relief. This report examines LILA after it has been in operation for one year. The report also compares the LILA route into bankruptcy with another route, namely, the debtor applying with proof of apparent insolvency.
Read full report - LILA One Year Review - 2009
BADAS impact assesment
Business Regulatory Impact Assessment (BRIA)
The following list of BRIAs that apply on or after 1 April 2015:
- The Common Financial Tool etc (Scotland) Regulations 2014
- The Bankruptcy Fees (Scotland) Regulations 2014
- The Bankruptcy (Money Advice and Deduction from income etc) (Scotland) Regulations 2014
- The Bankruptcy (Applications and Decisions) (Scotland) Regulations 2014
- The Bankruptcy (Scotland) Regulations 2014
- The Debt Arrangement Scheme (Scotland) Ammendment Regulations 2014
Equality Impacy Assesments (EQIA)
The Following list of EQIAs that Apply on or after 1 April 2015:
- The Bankruptcy Fees (Scotland) Regulations 2014
- Common Financial Tool etc. (Scotland) Regulations 2014
- The Bankruptcy (Advice and Deduction from Income etc.) (Scotland) Regulations 2014
- Bankruptcy (Applications and Decisions) Regulations 2014
- Bankruptcy (Scotland) Regulations 2014
- Debt Arrangement Scheme (Scotland) Regulations 2014