The Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025
The Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025
The Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025 (the “Consequential Regulations”) were laid in Parliament on 15 May 2025, and if passed will come into force on 25 June 2025.
These regulations make some necessary consequential changes to other parts of legislation to support the commencement of sections 4 and 12 of the Bankruptcy and Diligence (Scotland) Act 2024 (the “2024 Act”).
The Bankruptcy and Diligence (Scotland) Act 2024 (Commencement No.2, Transitional and Savings Provisions) Regulations 2025, which were laid in Parliament on 3 April 2025, will commence sections 4,5,11 and 12 of the 2024 Act from 25 June 2025.
These Consequential Regulations will:
- amend regulation 9 of the Bankruptcy (Applications and Decisions) (Scotland) Regulations 2016 to remove any ambiguity in the notification process where AiB is trustee and acts of its own accord in proposing recall of a sequestration. This will effectively bring the notification process in this scenario in line with the process when an application for recall is made to AiB by another party.
- provide forms to support the introduction of section 12 of the 2024 Act where a trustee seeks their resignation from office, and for AiB to be appointed as new trustee, in a case where the debtor has failed to co-operate.
More information on these regulations can be found in the accompanying Policy Note and Impact Assessments.