The Bankruptcy Diligence Act

The Bankruptcy and Diligence Act of 2007 is a piece of U.K. legislation that deals specifically with Scotland. The act is a conglomeration of several various aspects of the law, with two of the most important parts relating to bankruptcy and the establishment of the Scottish Civil Enforcement Commission.

  1. Bankruptcy

    • The act allows the sheriff to, at his discretion, issue "bankruptcy restriction orders" against debtors who have not been forthcoming with their assets during their period of bankruptcy. The restriction requires the individual to sequester their estate and reveal their assets before said restriction can be lifted.

    Scottish Civil Enforcement Commission

    • The act also creates a Scottish Civil Enforcement Commission (SCEC), under the watch of the Scottish Ministers of Parliament. The SCEC is charged with registering judicial officers, and it replaces the the Advisory Council on Messengers-at-Arms and Sheriff Officers.

    History

    • The act was originally passed on November 30, 2006, and became law on January 15, 2007. Due to its extensive nature, it contains amendments to several previous pieces of legislation, including several aspects of the 1985 Bankruptcy Act.

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