Axiom Advocates
3 Experts
3 Contributions by Axiom Advocates Experts
PRACTICE NOTES
For many years, debtors have relied upon trust deeds in order to reach a compromise with their creditors as an alternative to formal sequestration in Scotland (see Practice Note: Scotland: the process for applying for sequestration).
Rooted in the common law, trust deeds long attracted a relatively ‘light touch’ from the courts, but the law now pays closer attention to them and to this field generally today.
Accordingly, trust deeds are presently subject to markedly tighter regulation than previously in Scotland.
This Practice Note outlines the key legal principles on trust deeds and the process for obtaining, and the effect of, protected status in this context too.
For definitions of frequently used Scottish insolvency terminology, see Practice Note: Glossary of Scottish insolvency words and expressions therein.
The Scottish government has announced a commitment to review both formal debt recovery
Restructuring & Insolvency
PRACTICE NOTES
What is a Bankruptcy Restriction Order?
When a person is made bankrupt (sequestrated), they are bound by restrictions under the Bankruptcy (Scotland) Act 2016 (Ba(S)A 2016) and other related legislation. Ordinarily, twelve months from the start of sequestration, the debtor is discharged and the limitations that apply to undischarged bankrupts no longer apply. A Bankruptcy Restriction Order (BRO) can be imposed on a debtor following an application to the Accountant in Bankruptcy (AiB) (see Practice Note: Scotland: the Accountant in Bankruptcy) or to the Sheriff, and it maintains restrictions after discharge from sequestration. For commonly used Scottish insolvency terminology, see Practice Note: Glossary of Scottish insolvency words and expressions.
Effects of a BRO
A BRO places ongoing restrictions on the debtor for the period stipulated in the order. The Ba(S)A 2016 does not provide a comprehensive list of all restrictions that apply where a BRO is in
Restructuring & Insolvency
PRACTICE NOTES
This Practice Note offers an overview of the Scottish Parliament. It outlines how its members are elected and how it uses its power to make laws. In that setting, it also sets out how the Scottish government is formed, and the roles it performs.
Which voting system is used in Scottish Parliament elections?
Elected representatives in the Scottish Parliament are called Members of the Scottish Parliament (MSPs). The voting method in use, the Additional Member System, blends a straightforward ‘first past the post’ constituency ballot with a proportional element.
On election day, every voter has two votes:
one for an MSP to represent the voter’s constituency (eg Edinburgh Central), and
another for a political party or individual on a regional list (eg the region of Lothian)
There are 73 constituency Members and 56 regional Members. The ‘first past the post’ system selects the MSP for each
Public Law
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