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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


5.3 Powers relating to Section 113 of the Bankruptcy (Scotland) Act 2016

The Homeowner and Debtor Protection (Scotland) Act 2010 extends the provisions of Section 113 of the 2016 Act, in relation to the family home, to trustee’s acting under a trust deed. See section 10.2.6 of the Notes for Guidance - Bankruptcy

Before commencing proceedings to obtain the authority of a sheriff under section 113(1)(b) of the 2016 Act the trustee must give notice of the proceedings to the local authority in whose area the home is situated. This notice should be given on Form 22 of the Bankruptcy (Scotland) Regulations 2016.

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