Register of Insolvencies
The register of insolvencies is a statutory register about the insolvency of individuals and businesses in Scotland.
Abolition of adjudication for debt
Adjudication for debt is a diligence provided for in the Adjudications Act 1672 against heritable property.
To use adjudication, a creditor must first have their debt constituted by decree or other document of debt. A separate action can then be raised in the Court of Session which, if successful, results in a decree of adjudication.
A decree of adjudication must be registered in the Register of Inhibitions and Adjudications.
Adjudication gives creditors a real right or security over heritable property of the debtor. It is, however, only after a period of 10 years, if the debt has not been paid, that the creditor can take action to have ownership of the property transferred to them.
Adjudication for debt is a lengthy and rarely used process which is abolished by Part 4, Chapter 1 of the 2007 Act.
Changes to adjudication will be considered along with land attachment, residual attachment and the abolition of mails and duties. Further information about commencement will be provided as soon as it is available.
Once adjudication for debt is abolished, the Register of Inhibitions and Adjudications will be renamed the Register of Inhibitions.