The Scottish Government

BANKRUPTCY AND DILIGENCE BILL - PROGRAMME BOARD MEETING

TUESDAY 26 SEPTEMBER 2006, 2.30pm , 2W.06 SAH

Present:

Apologies:

Introduction

The Chair thanked those present for attending and explained the purpose of the meeting was to agree the remit of the Board and plan the Bill programme.

Remit

1. It was agreed that the remit of the Board will be to plan work streams , responsibilities and timings for the efficient, effective and timely implementation of those parts of the bankruptcy and diligence Bill relating to:

a) the reforms of the law of bankruptcy;

b) the reforms of Protected Trust Deeds;

c) the reforms relating to the changes to the Debt Arrangement Scheme

And to make recommendations to Ministers.

Membership and Chair

2. It was agreed that Micheline Brannan will Chair the Board and other members should include the Scottish Court Service, Money Advice Scotland, Citizens Advice Scotland and the Institute for Chartered Accountants Scotland. It was agreed that consultation with Credit Unions could be carried out as and when required. The board noted that John St Clair would represent OSSE at future meetings and Katrina McNeill will also be invited to do so for the Bankruptcy and Diligence team.

Action: Paul will write to the 4 stated members to explain the remit of the Board, inviting them to identify a suitable individual to attend future meetings as a member on the Board. The letters should note that minutes of the Board will be available in the public domain.

Administrative Arrangements

3. Monthly meetings were agreed until March 2007. Meetings will be scheduled for the end of each month with the exception of the December and January months which be covered by one meeting scheduled for mid-January. They will be held on either a Wednesday Thursday or Friday. In addition if it is a morning start they will commence no earlier than 10.30am to allow for travelling. Gillian offered to host the March meeting in Kilwinning.

There was some discussion surrounding the publication of minutes and it was agreed that the minutes will be published on the SE Internet. It was decided that having a designated website for the purpose of the Bill was not a viable option now given the timescales.

Action: Claire to arrange 2 hour meetings each month until February 2007 and take forward any other admin arrangements for the Board including Board papers, refreshments and minutes.

Action: Gillian to ensure arrangements for meeting to be held in AiB in March 2007.

Key Policy Responsibilities

4. Micheline advised that a business case had been drawn up for sign off by Robert Gordon and Ministers if that is necessary.

Action: Micheline to send draft business case to Robert Gordon and thereafter Ministers if necessary.

The Dependencies and Pressure Points (inc. staffing and financial)

5. Gillian advised that the suggested number of regulations stood at 13 but she hasn't discussed these with anyone yet and thinks it may be possible to cover some together. Gillian agreed to look at this in more detail and provide a paper for the next meeting. It was agreed that regulations could be prioritised.

There was some discussion about the possible lack of funding for the delivery of Protected Trust Deeds and DAS part of the Bill Programme due to slippage in timescales. Gillian envisages taking on 11 new staff including a C1 to take forward the reforms. The funding implication for AiB would need to be examined and factored into future financial planning within the JD programme budget.

Gillian flagged up the issue of resources for training Sheriffs as this was something already identified as a requirement. The Board agreed that this was something to be looked into.

There was some discussion over who would take forward the legal aspect for AiB. Gillian clarified that they have recently recruited an Interim Manager with a background in law but another option could also be to look at a secondment if need be.

Action: Gillian to look at regulations and table as a paper at the next meeting in October.

Action: Gillian, Micheline and Ruth Ritchie to discuss finance issues

Implementation Timetable

6. Gillian summarised high level tasks to be completed and asked whether the Board were happy with the timescales and assumptions as detailed in her paper, which was submitted prior to the meeting. The Board agreed the assumptions. There were some concerns expressed that the timetable may be a little ambitious given the limited parliamentary time available before the next election. Lorna clarified that it may be possible to take forward negative Statutory Instruments but Gillian advised that some of the Statutory Instruments were affirmative. The group agreed that it would be helpful to have a more detailed plan.

Lorna advised that anything which would impact on the Sheriff Court rules would require early consultation with Glynis McKeand before May 2007. Lorna agreed to speak separately with Gillian on this issue. Jane suggested that perhaps the subordinate legislation memorandum for the Bill which identified the need for new rules of court may be a good place to start.

It was agreed that the aim will be to have regulations laid by September 2007 and to go live by December 2007 rather than spring 2008.

Action: Lorna and Gillian to discuss Sheriff Court Rules Council implications separately.

Advertising

7. It was flagged up that advertising will have to be looked at. Various ideas were put forward as to how this could be taken forward. These included:

- the use of the news section on the advice finder website;

- sponsorship from the private sector, most likely the post office and banks; and

- posters campaigns targeted at libraries, CAS offices and Doctors Surgeries.

Date of Next Meeting

8. The next meeting will be arranged for late October, thereafter, late November, Mid-January, late February and late March (Kilwinning).