Simple Guide to the BAD Act

The Bankruptcy & Diligence Etc (Scotland) Act 2007 contains 17 Parts and Six Schedules. One of the most succinct, but relevant sections of the B.A.D. Act can be found at Part 17 Section 227 (3) which states that sections of the Act “come into force on such day as the Scottish Ministers may, by order, appoint.”

To download click here >Simple Guide to BAD Act – Walker Love

In view of the complexity and the far-reaching effect that each section of the Act has on the execution of diligence, it was essential that this paragraph was inserted.

The overarching principal of the B.A.D. Act is “universal attachability.” It envisaged:

  • the introduction of four completely new diligences: Land Attachment, Residual Attachment, Interim Attachment and Money Attachment.
  • the formation of a “Scottish Civil Enforcement Commission” (SCEC) additional “Debtor Protection” procedures including the introduction of a Debt Advice and Information Package.
  • reform of some existing diligences  and the complete abolition of others, including the abolition of personnel such as Messengers-at-Arms and Sheriff Officers who were to be re-named “Judicial Officers”.

However, both Land and Residual Attachment have been delayed somewhat and the whole concept of SCEC appears to have been abandoned, as has the Abolition of Messengers-at-Arms and Sheriff Officers.

To download click here >Simple Guide to BAD Act – Walker Love