Commentary on Provisions(1) Modification of the Bankruptcy (Scotland) Act 2016 Section 10 – Protected trust deeds: information and time to be provided to debtor
34.Section 10 deals with information and time to be provided to a debtor in relation to protected trust deeds, and modifies Part 14 of the 2016 Act. Section 167 (statements in and advice regarding trust deed) of the 2016 Act is amended to substitute subsection (3)(b), requiring a trustee to provide the debtor with a copy of a trust deed information document in addition to a copy of the debt advice and information package (the latter of which was already required) before the debtor grants the trust deed. A new paragraph (ba) is added to further require the trustee to give the debtor adequate time to consider the advice and material provided under paragraphs (a) and (b) of section 167(3). New subsection (4) defines the “trust deed information document” as being a document containing such information and in such form as the Scottish Ministers may determine. The trustee must also have regard to any guidance issued by the Scottish Ministers about giving debtors adequate time, and the Scottish Ministers must publish any guidance issued under subsection (5).