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Accountant in Bankruptcy
Publication - Notes for Guidance

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

First published
30 November 2016
Last updated
8 July 2026 - see all updates
Topic
Protected Trust Deeds

This guidance describes the general functions of Accountant in Bankruptcy and trustees in relation to their responsibilities regarding protected trust deeds (PTDs) which were granted on or after 30 November 2016

Supporting documents

6.3 Powers relating to Section 113 of the 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.

First published
Wednesday, 30 November 2016
Last updated
Wednesday, 8 July 2026 -
All updates

  1. update to 9.2 Discharge due to extenuating circumstances

  2. e-mail addresses updated to reflect delivery branch restructure.

  3. Section 8.5 - typographical error updated

  4. changes made to section 2 to reflect the policy changes from 20 January 2025.

  5. amendment to section 6.8 Increasing the trustee’s fixed fee.

  6. addition of section 2.5 - Trust deed information leaflet and adequate time, effective from 20 January 2025.

  7. Updated to take into account The Protected Trust Deeds (Miscellaneous Amendment) (Scotland) Regulations 2024 which came into force on the 1st July 2024. New additions to the guidance includes: Removal of protected status of a trust deed and a review process, Debtor discharge due to extenuating circumstances prior to the 48 month minimum term and Trustee refusal of debtor discharge process, previously part of the PTD Protocol, now in legislation for all trustees to follow

  8. Update to section 5.1 - Contributions to reflect recent change to Common Financial Statement registration.

  9. Supporting document published on website

  10. Published on website

  11. Amended - PTD Protocol

  12. Amended

  13. First published

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