The Act Part 2 – Sequestration and Trust Deeds
45.Part 2 of the Act amends the Bankruptcy (Scotland) Act 1985 (“the 1985 Act”).
46.The 1985 Act is the principal statute dealing with personal insolvency in Scotland. There have been several amendments to the 1985 Act. The most extensive amendments were made by the Bankruptcy (Scotland) Act 1993 and the Bankruptcy and Diligence etc. (Scotland) Act 2007 (“the 2007 Act”). Section 40 of the 1985 Act, which is referred to in the commentary below, was substantially amended by the Civil Partnership Act 2004.
47.A text of the 1985 Act showing amendments made to date is published on the Accountant in Bankruptcy’s website at: http://www.aib.gov.uk/guidance/Legislation/legistlationpostapril08/act1985amended08.