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The three personal insolvency regimes in Scotland Scotland has three personal insolvency and debt relief routes: sequestration protected trust deeds (PTDs) the Debt Arrangement Scheme (DAS) For definitions of frequently used Scottish insolvency terminology, see Practice Note: Glossary of Scottish insolvency words and expressions. For more on the key characteristics of each route, refer to the following Practice Notes: Scotland: the process for applying for sequestration Scotland: protected trust deeds Scotland: the Debt Arrangement Scheme The Scottish government has reviewed Scotland’s statutory debt solutions and formal debt recovery processes to modernise and enhance the framework. The review has involved public consultation, engagement with stakeholders, and policy development. The initial consultation ran from 12 August 2022 to 7 October 2022, with later phases centred on assessing responses, shaping reform proposals, and enacting regulatory changes. A further consultation took place from 12 March 2025 to 4 June 2025. The Bankruptcy and Diligence...
This is a glossary of common words and expressions used in Scottish insolvency law with the nearest England and Wales insolvency law equivalent (where relevant) Absolute insolvency Meaning: When a person’s liabilities are greater than the overall worth of their assets. Nearest English equivalent: Balance sheet insolvency. Accountant in Bankruptcy (AiB) Meaning: A Scottish Government agency overseeing the regulation of personal bankruptcy (sequestration and Protected Trust Deeds) in Scotland, and able to serve as trustee in sequestrations where no insolvency practitioner is appointed. It also maintains records of corporate insolvencies in Scotland (receivership and liquidations only) but does not perform the role of Official Receiver. See Practice Note: Scotland: the Accountant in Bankruptcy. Nearest English equivalent: N/A. Accountant of Court Meaning: A court-appointed officer within Scottish Courts and Tribunals who administers funds consigned to the Accountant of Court pursuant to a Court of Session interlocutor or during liquidation proceedings. They oversee Judicial Factors or Administrators appointed by the Court to manage estates...
Debt Arrangement Scheme (DAS) The Debt Arrangement Scheme (DAS) is a statutory mechanism enabling eligible debtors to clear what they owe over a longer timeframe through a Debt Payment Programme (DPP). It is intended to help specified categories of debtor repay liabilities over an extended period via a structured DPP. While a DPP remains in place, creditors are barred from taking enforcement action against the debtor. For definitions of frequently used Scottish insolvency terminology, refer to Practice Note: Glossary of Scottish insolvency words and expressions. The legislative foundation for DAS sits in Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (DAA(S)A 2002). That Act sets only the overarching framework within which the scheme functions. The operative detail appears in secondary legislation made under DAA(S)A 2002. Chiefly, this comprises the Debt Arrangement Scheme (Scotland) Regulations 2011 (DAS(S)R 2011), SSI 2011/141, as amended by the Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (DAS(S)AR 2014), SSI 2014/294. Further changes were introduced by the Debt Arrangement Scheme (Scotland) Regulations 2018...