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Making bankruptcy law accessible

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Making bankruptcy law accessible

   15 August 2011

The Scottish Law Commission has been working with the Accountant in Bankruptcy on a project to consolidate the legislation relating to bankruptcy in Scotland.
Today, 15 August 2011, the Commission publishes its Consultation Paper on the Consolidation of Bankruptcy Legislation in Scotland.
Most of the law proposed for consolidation is already contained in a single Act – the Bankruptcy (Scotland) Act 1985.  But the 1985 Act has been heavily amended in recent years, most notably by the Bankruptcy and Diligence etc. (Scotland) Act 2007.  Many of the provisions of the 1985 Act are excessively long and the structure of the Act has become difficult to follow. As a result, the 1985 Act has lost coherence and rational structure.
The primary aim of consolidation is to make the legislation on a particular area of law more accessible for practitioners and for those affected by it. Consolidation involves the bringing together of earlier enactments on the subject matter into one statute (piece of legislation.
The purpose of the Commission’s Consultation Paper is to invite comments on provisional proposals for amendments to the 1985 Act. However, practitioners and others may have suggestions about other changes that they think should be made to tidy up (as opposed to reform) the 1985 Act - the Commission would welcome any such suggestions too.
The Accountant in Bankruptcy would encourage all stakeholders to participate in this consultation exercise.