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Notes for Guidance - Protected Trust Deeds Bankruptcy (Scotland) Act 2016

This guidance describes the general functions of Accountant in Bankruptcy and trustees in relation to their responsibilities regarding protected trust deeds (PTDs) which were granted on or after 30 November 2016


4.4 Diligence

Granting a trust deed constitutes apparent insolvency. On protection of a trust deed, any earnings arrestment, current maintenance arrestment or conjoined arrestment order (subject to section 173(3) of the 2016 Act) ceases to have any effect. It is not competent for a creditor to execute and try and enforce an earnings arrestment or make a conjoined arrestment order, after the date of protection.

Section 173 of the 2016 Act refers.

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