
2025 No. 145
Insolvency
Bankruptcy
Debt
The Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025
Made 13th May 2025
Laid before the Scottish Parliament 15th May 2025
Coming into force 25th June 2025
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 116(2), 147A(3), (5)(a) and (6)(b), and 224(1) of the Bankruptcy (Scotland) Act 2016, section 21(1) 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 (Consequential Amendments and Forms) Regulations 2025 and come into force on 25 June 2025.
(2) In these Regulations, “the 2016 Act” means the Bankruptcy (Scotland) Act 2016.
Amendment of the Bankruptcy (Applications and Decisions) (Scotland) Regulations 2016
2 

(1) The Bankruptcy (Applications and Decisions) (Scotland) Regulations 2016 are amended as follows.
(2) In regulation 9 (recall of sequestration by Accountant in Bankruptcy)—
(a) for paragraph (4) substitute—“
(4) AiB must send a statement of the debtor’s affairs with any notification under section 35(2)(b) of the Act (recall where the only ground is that the debtor has paid or is able to pay the debtor’s debts in full: AiB acting as trustee).”,
(b) paragraph (5) is omitted.
Amendment of the Bankruptcy (Scotland) Regulations 2016
3 

(1) Schedule 1 (forms) of the Bankruptcy (Scotland) Regulations 2016 is amended as follows.
(2) In the table (list of forms to be used) in the heading of the fourth column (relevant provisions of the Regulations), for “the Regulations” substitute “these Regulations or any other Regulations as may be specified”.
(3) At the end of the table (list of forms to be used), insert the rows set out in Part 1 of the schedule.
(4) In Form 23 (debtor’s account of current state of affairs), for “section 87(1)” substitute “section 87(2)”.
(5) After Form 34, insert—
(a) Form 35 set out in Part 2 of the schedule, which is the prescribed form for a trustee application to AiB for authority to resign office, for the purposes of section 147A(3) of the 2016 Act,
(b) Form 36 set out in Part 3 of the schedule, which is the prescribed form for a trustee’s intention to resign notice, for the purposes of section 147A(5)(a) of the 2016 Act, and
(c) Form 37 set out in Part 4 of the schedule, which is the prescribed form of notice from AiB granting the trustee’s application to resign office, for the purposes of section 147A(6)(b) of the 2016 Act.
IVAN McKEE
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
13th May 2025
SCHEDULE
FORMS
Regulation 3(3) and (5)
PART 1“
35 Trustee application for authority to resign office – debtor’s failure to co-operate Section 147A(3) Regulation 3(5)(a) of the Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025 Not applicable
36 Intention to resign notice Section 147A(5)(a) Regulation 3(5)(b) of the Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025 Not applicable
37 Notice granting the trustee authority to resign office – debtor’s failure to co-operate Section 147A(6)(b) Regulation 3(5)(c) of the Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025 Not applicable”
PART 2
PART 3
PART 4