Notes for Guidance - Protected Trust Deeds - Bankruptcy (Scotland) Act 2016

The Homeowner and Debtor Protection (Scotland) Act 2010 extends the provisions of Section 113 of the 2016 Act, in relation to the family home, to trustee’s acting under a trust deed. See section 10.2.6 of the Notes for Guidance - Bankruptcy. 

Before commencing proceedings to obtain the authority of a sheriff under section 113(1)(b) of the 2016 Act the trustee must give notice of the proceedings to the local authority in whose area the home is situated. This notice should be given on Form 22 of the Bankruptcy (Scotland) Regulations 2016.