
2025 No. 107 (C. 11)
INSOLVENCY
BANKRUPTCY
DEBT
The Bankruptcy and Diligence (Scotland) Act 2024 (Commencement No. 2, Transitional and Saving Provisions) Regulations 2025
Made 1st April 2025
Laid before the Scottish Parliament 3rd April 2025
Coming into force 17th April 2025
The Scottish Ministers make the following Regulations in exercise of the power conferred by section 22(2) and (3) of the Bankruptcy and Diligence (Scotland) Act 2024 and all other powers enabling them to do so.
Citation, commencement and interpretation
1 

(1) These Regulations may be cited as the Bankruptcy and Diligence (Scotland) Act 2024 (Commencement No. 2, Transitional and Saving Provisions) Regulations 2025 and come into force on 17 April 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.
Appointed days
2 

(1) 17 April 2025 is the day appointed for the coming into force of section 12 (failure of debtor to co-operate with trustee in sequestration) of the Act but only for the purpose of enabling the Scottish Ministers to prescribe forms under section 147A(3), (5)(a) and (6)(b) of the 2016 Act (as inserted by section 12 of the Act).
(2) 25 June 2025 is the day appointed for the coming into force of the following provisions of the Act—
(a) section 4 (process for applying for recall of an award of sequestration),
(b) section 5 (recall of sequestration: payment of interest),
(c) section 11 (debtor not traced: former trustee’s outlays and remuneration),
(d) section 12 in so far as it is not already in force.
Transitional provision: recall of sequestration: payment of interest
3 
Where a sequestration has been awarded before 25 June 2025 and the award has not been recalled, section 37A(3) and (4) of the 2016 Act are to be read as if the references to “within 6 months after the date of the award of sequestration” are references to “within 6 months after 25 June 2025”.
Saving provision
4 
Despite the commencement of section 4 of the Act, the modifications made by that section have no effect where before 25 June 2025—
(a) an application for recall of an award of sequestration has been made to AiB under section 31(1) of the 2016 Act, or
(b) AiB has notified the debtor and every creditor known to AiB under section 35(2) of the 2016 Act that AiB considers section 35(1) of that Act applies.
IVAN McKEE
Authorised to sign by the Scottish Ministers
St Andrew's House
Edinburgh
1st April 2025