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Background: integrated debt management
1.1 The Scottish Executive is committed to putting in place an improved system of debt recovery, debt management, and debt relief. The major reforms of 'debt' law needed to deliver that commitment are far advanced. The end result will be an integrated debt management framework for Scotland.
1.2 The first step in the reform programme was the Debt Arrangement and Attachment (Scotland) Act 2002, which replaced poinding with attachment and created the Debt Arrangement Scheme.
1.3 The next step is the Bankruptcy and Diligence etc. (Scotland) Bill ("the Bill"), introduced to the Scottish Parliament on 21 November 2005. The Bill is intended to make substantial changes to the laws of bankruptcy and diligence (debt enforcement). The Bill together with the policy memorandum and other accompanying documents can be found on the Parliament website at:
http://.scottish.parliament.uk/business/bills/billsInProgress/bankruptcy.htm .
1.4 The third and final step is reform of protected trust deeds. The Executive is committed to reforming protected trust deeds. This secondary consultation on draft regulations is therefore concerned with some consequential policy issues and any issues arising from the draft regulations. It is intended that the eventual regulations will be made under new powers for Scottish Ministers to make subordinate legislation as set out in section 18 of the Bill.
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