
1 

(1) These Regulations may be cited as the Bankruptcy and Diligence (Scotland) Act 2024 (Commencement No. 1, Transitional and Saving Provisions) Regulations 2024 and come into force on 20 January 2025.
(2) In these Regulations—
(a) “the Act” means the Bankruptcy and Diligence (Scotland) Act 2024,
(b) “the 2016 Act” means the Bankruptcy (Scotland) Act 2016,
(c) “AiB” means the Accountant in Bankruptcy and is to be construed in accordance with section 199 of the 2016 Act.
2 
20 January 2025 is the day appointed for the coming into force of the following provisions of the Act—
(a) section 6 (when sequestration is awarded: minimal asset process),
(b) section 8 (gratuitous alienations: right acquired in good faith and for value),
(c) section 9 (time periods for appeals against decisions by AiB),
(d) section 10 (protected trust deeds: information and time to be provided to debtor),
(e) section 13 (commissioners: disqualification from office where AiB is trustee),
(f) section 17 (provision of debt advice and information package),
(g) section 19 (money attachment when premises are open),
(h) section 20 (arrestment of ships on a Sunday).
3 

(1) Where a decision of AiB in relation to an appeal under section 69(11)(a) of the 2016 Act was—
(a) made before 20 January 2025, and
(b) an appeal to the sheriff against that decision has not been made by that date,
the trustee in the sequestration, or their representatives, the new trustee, the debtor, or any creditor may, within 14 days beginning with 20 January 2025, appeal to the sheriff against that decision (instead of within 14 days beginning with the date of that decision as provided for by section 69(12) of the 2016 Act).
(2) Where a decision of AiB in relation to an appeal under section 134(1)(a) of the 2016 Act was—
(a) made before 20 January 2025, and
(b) an appeal to the sheriff against that decision has not been made by that date,
the trustee, the debtor or any creditor may, within 14 days beginning with 20 January 2025, appeal to the sheriff against that decision (instead of within 14 days beginning with the date of that decision as provided for by section 134(3) of the 2016 Act).
4 
Despite the commencement of section 10 of the Act (protected trust deeds: information and time to be provided to debtor), the amendments made by that section have no effect in relation to a trust deed granted by the debtor before 20 January 2025.
5 
Despite the commencement of section 17 of the Act (provision of debt advice and information package), the amendments made by that section have no effect where a creditor application to the court for warrant for diligence on the dependence under section 15D(1) of the Debtors (Scotland) Act 1987 has been made before 20 January 2025.
IVAN MCKEE
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
10th December 2024