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Scottish Insolvency Statistics: April to June 2017 (Quarter 1 2017-18)

About this release

This quarterly release contains the latest statistics on personal and corporate insolvencies in Scotland. Statistics on the Debt Arrangement Scheme (DAS) are also reported.

The statistics are compiled by Accountant in Bankruptcy (AiB), an executive agency of the Scottish Government.

The majority of the statistics presented are derived from AiB administrative records . Estimates for 2017-18 are provisional until final figures are published in July 2018.

Final 2016-17 figures are summarised in this release.

This release covers insolvencies in Scotland. Statistics covering England & Wales, and Northern Ireland are available from The Insolvency Service.

Non­-statutory debt solutions, where debtors make their own arrangements with creditors or enter informal debt management plans with a debt management firm, are not included.

Data used in this release

The data used in this statistical release are available here.

We want your feedback

We welcome any feedback on any aspect of these statistics either by email (samuel.dickinson@gov.scot) or by completing a short online feedback form (link is external).

Responsible statistician: Samuel Dickinson          samuel.dickinson@gov.scot          0300 200 2705

Media enquires: 0300 200 2600

Next update: 25 October 2017

Personal insolvencies in Scotland increased in 2017-18 Q1 compared with the same quarter in 2016-17.

There were 2,839 personal insolvencies (bankruptcies and protected trust deeds (PTDs)) in 2017-18 Q1, 419 more than in 2016-17 Q1 (see chart 1). For another type of statutory debt solution, the Debt Arrangement Scheme (DAS), there were 597 Debt Payment Programmes (DPPs) approved in 2017-18 Q1 compared with 511 a year earlier (also shown in chart 1).

Corporate insolvencies decreased from 265 in 2016-17 Q1 to 200 in 2017-18 in Q1.

Chart 1: Statutory debt solutions by type: Scotland, April to June 2006 to April to June 2017, quarterly data (table D1)

Key terms
Debtor: any person who owes money to another.
Creditor: any person, business or organisation that is owed money by another.
Bankruptcy: (also known as sequestration in Scotland) is a legal declaration that someone cannot pay their debts. If a person is declared bankrupt, control of things that they own, is passed to a trustee who may sell them to pay money owed to creditors. A regular payment from a person's income may also have to be made.
Protected Trust Deed (PTD): a form of insolvency that transfers a debtor's estate to a trustee to be realised for the benefit of creditors.
Debt Arrangement Scheme (DAS): a Scottish Government debt management tool. Allows a debtor to repay their debts through a Debt Payment Programme by giving more time for repayments free from the threat of enforcement (diligence) or bankruptcy.

Main points for April to June 2017 (2017-18 Q1)

There were 2,839 personal insolvencies in 2017-18 Q1 compared with 2,420 in the same quarter of the previous year, an increase of 17%. Both bankruptcies and PTDs increased from 2016-17 Q1 to 2017-18 Q1, with PTDs seeing the larger increase (see table 1).

Table 1: Summary of Scottish Insolvency Statistics for April to June 2017 (2017-18 Q1): Scotland, quarterly data (table D1)

 

A total of £9.4 million was repaid from debtors under DAS in the first quarter of 2017-18, a 1.1% increase on the same quarter in 2016-17.

Personal insolvency: bankruptcy

Bankruptcies in 2017-18 Q1 have increased when compared with the equivalent quarter in the previous year. There were 1,289 bankruptcies awarded in 2017-18 Q1, an increase of 11% when compared with 2016-17 Q1.

Awards of bankruptcy have steadily increased since 2015-16 Q1 but activity levels in this quarter were likely lower than otherwise might have been because of legislative and operational changes introduced through the Bankruptcy and Debt Advice (Scotland) Act 2014 (BADA(S)) on 1 April 2015. The number of bankruptcies awarded in 2017-18 Q1 was 27% lower than in 2014-15 Q1 and 34% lower than in 2013-14 Q1.

Of the 1,289 awards of bankruptcy in 2017-18 Q1, 75% came from debtor applications (either Minimal Asset Process (MAP) or Full Administration). The remaining bankruptcies came from creditor petitions (25%) and one bankruptcy awarded came from a trust deed petition.

Awards of bankruptcy: debtor applications

There are two types of debtor application for bankruptcy: MAP or Full Administration. The majority of bankruptcies awarded through debtor applications are MAP cases (around 55%).

The MAP bankruptcy replaced the Low Income Low Asset (LILA) bankruptcy in April 2015. As LILA cases were still being awarded in 2015-16, 2016-17 was the first full year with MAP and Full Administration as the only two types of bankruptcy for debtor applications.

Chart 2 shows the recent trend in bankruptcies awarded through debtor applications since April to June 2009. The number of LILA bankruptcy awards followed the declining trend in overall bankruptcies since 2008-09. There was a spike in activity in April to June 2012 likely as a result of the scheduled increase in fees to access bankruptcy being introduced on 1 June 2012. The introduction of BADA(S) in April 2015, was the most likely cause for the sharp decline in the number of bankruptcies awarded in April to June 2015.

Since the start of 2015-16, MAP and Full Administration awards have gradually increased but overall levels remain low when compared with bankruptcy levels in 2009-10.

Chart 2: Awards of bankruptcy by type (debtor applications only): Scotland, April to June 2009 to April to June 2017, quarterly data (table D1)

Types of bankruptcy: debtor application
A person can apply to AiB to make themselves bankrupt through a debtor application. To apply for bankruptcy a person must have received money advice from a qualified money adviser (for example from a local authority money advice unit or Citizens Advice Bureau). The two types of debtor application for bankruptcy in Scotland are:
Minimal Asset Process (MAP): for people on a low income who do not own property and have very little in savings or other assets. A debtor will be discharged after six months, if they continue to meet the MAP criteria, (cases will be converted to Full Administration where it is found that debtors do not meet MAP criteria). MAP replaced the LILA
bankruptcy in April 2015.
Full Administration: when conditions set out in MAP are not met. Conditions for Full Administration are if a person's debts are ove £3,000, or own assets valuing £2,000 or more.

Types of bankruptcy: creditor and trust deed petitions
A creditor or trust deed can apply, subject to condtions, to make a person bankrupt through a creditor or trust deed petition to a sheriff court. AiB only receives debtor applications for bankruptcy.

Case administration

In Scotland, a trustee is appointed to administer each bankruptcy. The Accountant in Bankruptcy (The Accountant) will be the trustee unless an insolvency practitioner is nominated to act. In all cases awarded under MAP, The Accountant must act as trustee. In the first quarter of 2017-18, The Accountant was appointed trustee in 1,050 cases awarded, 81% of bankruptcies for the quarter.

Bankruptcies discharged

A debtor in a bankruptcy will normally be bankrupt for one year. After this period they may be discharged. Although the debtor is discharged, the administration of the bankruptcy continues until the trustee has dealt with all of the estate and accounted for their work so that they can seek their own discharge. A debtor must continue to co-operate with the trustee until the trustee's discharge.

In 2017-18 Q1, there were 1,002 debtors discharged and 1,765 trustees discharged.

Personal insolvency: protected trust deed

There were 1,550 PTDs registered in 2017-18 Q1, a 23% increase on the same quarter in 2016-17. PTDs have followed a similar trend to bankruptcies with a large decline but have increased since 2014-15 Q4 (see chart 3).

Chart 3: Personal insolvencies by type: Scotland, April to June 2005 to April to June 2017, quarterly data (table D1)

 

Key terms
Insolvency Practitioner: a person (usually, but not necessarily, a chartered accountant) licensed and authorised to act as a trustee in sequestrations or trust deeds.
Trustee: person who administers a bankruptcy or trust deed. In sequestrations a trustee can be either the AiB or a private insolvency practitioner. In trust deeds, trustees must be an insolvency practitioner
.

As with awards of bankruptcies, the trend in PTDs registered is likely to be affected by legislative and operational changes. For example, the BADA(S) reforms, introduced from 1 April 2015, aligned the payment period in bankruptcy and PTDs to 48 months. Prior to this, those agreeing to a PTD were typically paying contributions for an additional year compared with those in bankruptcy. These changes have likely led to an increase in PTD activity levels. In 2017-18 Q1 more PTDs were registered than bankruptcy awards, as has been the case since 2015-16 Q1.

PTDs discharged

A debtor in a PTD is normally discharged after 48 months. If the debtor makes the agreed payments, and cooperates with the trustee then the trustee will apply to AiB for the debtor to be discharged. After the debtor has been discharged, the trustee may remain in office as long as necessary to conclude the administration of the trust deed. In the first quarter of 2017-18, there were 1,754 debtors discharged and 1,903 trustees discharged.

Debt Arrangement Scheme

The Debt Arrangement Scheme (DAS) is a statutory debt management solution administered by AiB. Under DAS, a debtor commits to a Debt Payment Programme (DPP) which allows them to repay their debts based on their disposable income while they are protected from creditors taking any action against them to recover their debt. If the DPP is approved, all interest, fees and charges on the debt will be frozen and waived if the programme is completed in full.

Approved DAS applications

In 2017-18 Q1, there were 597 approved DPP under DAS, an increase on the 511 approved in 2016-17 Q1 (see chart 4). Approved DAS DPPs increased year-on-year between 2006-07 and 2012-13 likely due to changes in legislation and improvements to the DAS Administrator’s IT system (see the background section for more information on legislative changes).

Chart 4: Approved DPP under DAS: Scotland, April to June 2006 to April to June 2017, quarterly data (table D1)

  

The sharp decrease in DAS approvals in 2015-16 (from 4,156 to 2,043) was likely due a number of reasons including legislative changes and the availability of DAS from insolvency practitioners. The attractiveness of DAS relative to other statutory debt solutions could have also been been affected by changes to regulatory procedures, operated by the Financial Conduct Authority, in relation to money advisors and insolvency practitioners.

Variations to a DAS DPP
If a debtor's circumstances change and they can no longer afford the agreed payments, or if they want to increase the level of payment, they can apply for a variation to their DAS DPP. Variations can also include a change to the length of the DPP or attaching a new condition.
In the first quarter of 2017-18, 464 applications to vary a DPP under DAS were approved while 27 were rejected. The number of approved variations was 3.6% of live DAS cases.

Revocations to a DAS DPP
A DPP is automatically revoked if the debtor is made bankrupt or enters a trust deed which becomes protected. There are also a number of grounds where the debtor, a money adviser acting on behalf of the debtor or a creditor in the DPP can apply to revoke a DPP. If the DPP is revoked, the debtor may be liable for all interest, fees, penalties and other charges that would have been payable had the DPP not been approved.
A total of 316 applications to revoke a DAS DPP were approved in the first quarter of 2017-18 and 184 were rejected. Overall, 1.7% of live DAS cases were revoked during 2017-18 Q1.

Completed DAS DPPs

A DPP reaches completion when the debt in the DPP has been paid in full, minus the fees paid to the DAS Administrator and the payments distributor. There were 482 completed DAS DPPs in 2017-18 Q1, a 32% increase when compared with 2016-17 Q1.

Since the average length of a DAS DPP is around seven years, we can expect a steady rate of increase until 2018, followed by a lower but steady volume of completions in line with current applications approved.

Amount repaid under DAS

In 2017-18 Q1, £9.4 million was repaid from debtors under DAS, similar to the £9.3 million repaid in 2016-17 Q1. Through DAS, creditors receive a minimum of 90% of the debt owed to them from debtors (after DAS Administrator and payment distributor fees). After these fees have been deducted £8.7 million was paid to creditors in 2017-18 Q1.

Corporate insolvency

AiB develops policy for certain aspects of corporate insolvency and is responsible for receiving and recording information on liquidations and receiverships of Scottish businesses, held in the Register of Insolvencies (RoI).

The RoI contains details of liquidation and receivership of Scottish businesses which are wound up by either a Sheriff Court or the Court of Session. AiB is required to be notified of all company liquidations and receiverships in Scotland.

The statistics presented below are based on the date the insolvency was registered on AiB's administrative system. There is a time lag between the dates when a corporate insolvency is awarded or a member voluntary liquidation is registered and when AiB receives notice. Therefore, the figures reported by AiB may not exactly reflect the number of corporate insolvencies awarded or member voluntary liquidations registered in a quarter.

There were 200 corporate insolvencies in 2017-18 Q1, 65 fewer than in 2016-17 Q1 (see chart 5). Corporate insolvencies include receiverships appointments, compulsory liquidations and creditors’ voluntary liquidations.

Chart 5: Total corporate insolvencies and Members' Voluntary Liquidations: Scotland, April to June 2010 to April to June 2017, quarterly data (table D1)

This chart also shows the number of Members’ Voluntary Liquidations (MVLs). Retirement of company member(s), restructuring of a company, deregistering an inactive company or changes in the profitability of a market are some of the reasons why member(s) of a company may decide to adopt a voluntary winding up resolution and appoint a liquidator to realise the assets of the business and distribute the proceeds among the company members. There were 151 MVLs in 2017-18 Q1, a 31% decrease on the quarter in the previous year.

Key terms
Receivership appointments: a receiver is appointed by a lender holding a charge over some or all of the company's assets. The main responsibilities of a receiver are to ensure the appointing lender is paid off.
Compulsory liquidation: or winding up by the court is a procedure by which the assets of a company are sold, and the proceeds are distributed to the company's creditors. A court order is required to put a company into compulsory liquidation.
Creditors' voluntary liquidation: a director can propose a creditors’ voluntary liquidation if the company can’t pay its debts (it’s ‘insolvent’) or enough shareholders agree. This means the company will stop trading and be liquidated (‘wound up’).
Members' voluntary liquidation: the shareholders of a solvent company adopt a voluntary winding up resolution and appoint a liquidator to realise the assets of the business in order to distribute the proceeds to company members. A company is considered legally solvent when it is able to meet its financial obligations and the value of its assets.

   
Table 2 shows the types of corporate insolvency between 2016-17 Q1 and 2017-18 Q1. The majority of corporate insolvencies are compulsory liquidations with all types decreasing when compared with 2016-17 Q1.

Table 2: Corporate insolvencies and Members' Voluntary Liquidations by type: Scotland, 2016-17 Q1 to 2017-18 Q1, quarterly data (table 4)

Scottish Insolvency Statistics: 2016-17

Statistics published in the previous quarter (2016-17 Q4) included provisional annual statistics for 2016-17. Following end of year validation, the final 2016-17 statistics are available here and summarised below.

Personal insolvencies in Scotland increased by 1,558 or 18% to 10,032 in 2016-17 when compared with 2015-16.

Personal insolvencies increased in 2016-17 but were at the second-lowest level since 2005-06 (see chart 6).

There were 2,233 Debt Payment Programmes approved in 2016-17, 190 more than a year earlier (also shown in chart 6).

There were 846 corporate insolvencies in Scotland in 2016-17, 56 fewer than a year earlier.

Chart 6: Statutory debt solutions by type: Scotland, 1996-97 to 2016-17, annual data (table D1)

   

AiB 2016-17 corporate report

The AiB Annual Report and Accounts for 2016-17 will include a summary of the 2016-17 insolvency statistics presented here and additional information on division of funds by bankruptcy type as well as local authority analysis. The annual report will be published in September 2017 and will be available here.

Background information

These official statistics provide key information on personal and corporate insolvencies in Scotland. Official statistics are produced by professionally independent statistical staff. Further information on the standards of official statistics in Scotland is available here.

Data Sources

The statistics for individual insolvencies (bankruptcies and PTDs) and DAS are derived from administrative data of records processed within AiB and stored on the systems BASYS, ASTRA and DASH respectively. The exception to this is creditor and trustee petition bankruptcies which are sourced from the courts that grant them and subsequently stored on the BASYS system.
Corporate insolvencies are derived from administrative records provided by the courts, administrators and receivers.

Methodology

Figures are produced from tabulation of raw data from relevant administrative systems for the number of bankruptcies, PTDs, DAS DPPs and corporate insolvencies.

The numbers of personal insolvencies reported are based on the date the court order or agreement of the insolvency procedure.

For creditor petitions, the published figures will be influenced by, for example, the late reporting of court orders which may lead to underestimating the number of creditor petitions awarded. Data reported for the latest quarter contains creditor petition awards registered as at 31 March 2017. Creditor petitions statistics are subsequently adjusted after the final quarterly release of the financial year and the revised figures are reflected in the first quarterly report of the next financial year.

DPP under DAS statistics are based on the date the DPP was approved. Corporate insolvencies are based on the date the insolvency was registered in AiB’s administrative recording system.

Revisions

Revisions are usually made as a result of data being sent to AiB and logged on to the administrative systems after the cut-off date for data being extracted from the systems to produce the statistics. These revisions tend to be small in the context of overall totals.
Estimates remain provisional until revised in the first quarterly release of the next financial year. For example, quarterly estimates for 2016-17 will remain provisional until 2017-18 Q1 estimates are published in July 2017. Revisions made for any other reason will be highlighted separately.

Quality

Relevance

The statistics produced by AiB are the most complete record of the number of personal and corporate insolvencies in Scotland. They include all statutory insolvency procedures available. Statistics on DAS, the only statutory debt management solution available in Scotland, are also included.
The statistics presented here do not include non-statutory debt solutions. This is where debtors make their own arrangements with creditors or enter informal debt management plans with a debt management firm.
The demand for statutory debt solutions should be seen within the context of the overall debt solution market (both statutory and non-statutory solutions). This demand will be affected by changes in the legislative and regulative environment. For example, changes to regulatory procedures operated by the Financial Conduct Authority could affect the supply of non-statutory solutions and in turn the demand for statutory debt solutions.
Key users of AiB’s insolvency statistics are: AiB itself, which has policy responsibility for personal insolvencies in Scotland; the insolvency profession; debt advice agencies; media organisations; academics; creditors and the general public.

Accuracy and completeness

All formal insolvency procedures entered into by a company, a partnership or an individual are required by law to be reported to the appropriate body, so the statistics should be a complete record of statutory insolvency in Scotland.

The numbers of bankruptcies, PTDs and DAS DPPs are based on the date of the order, agreement of the insolvency procedure or the approval date, not on the date it was registered on the administrative recording system. This does not have any implication for cases processed within AiB.

However, the published number of creditor petitions will be influenced by, for example, the late reporting of creditor petitions court orders, which may lead to missing data. Creditor petitions reported for the latest quarter contains bankruptcies awarded and registered on AiB administrative system as at 31 March 2017.

The number of corporate insolvencies are based on the date the insolvency was registered on AiB corporate insolvency recording system (BASYS). The corporate insolvency figures will be influenced by, for example, the late reporting of orders which may lead to a quarter's figures containing cases awarded in the previous quarter. This should be noted when making comparisons of trends over time or comparing with other sources of data.

Checks are in place to identify and remove duplication of cases when extracting data from the administrative systems, to make sure that returns cover all debt management solutions, and to check consistency within tables and between related tables.

Coherence

AiB publishes year end totals of the quarterly statistics in its annual corporate report. These numbers may differ slightly to those reported throughout the year but the quarterly statistics are subsequently revised to match.

When producing statistics by local authority, numbers may differ slightly as postcodes of debtors cannot always be assigned, where this occurs these differences will be highlighted.

Overall, the annual corporate report and quarterly official statistics are the definitive source of statistics for statutory debt solutions in Scotland.

AiB is required to be notified of all company liquidations and receiverships in Scotland, and publishes quarterly official statistics based on its own administrative records. These differ from The Insolvency Statistics, which use data from Companies House as the source. Differences are due to AiB using its own administrative system’s data rather than the start date of the insolvency.

Timeliness and punctuality

The Scottish Insolvency Statistics are published on the fourth Wednesday of the month following the end of the quarter being reported on. This publication date allows receipt of all the data inputs and sufficient time for quality assurance of the data extracts, tabulating records and completing the compilation of the statistical release.

Accessibility and clarity

The Scottish Insolvency Statistics are available free of charge to the end user on the AiB website. They are released via the website and ScotStat. Contact details can be found at the end of these background notes for any specific data requests.

Comparability

Changes in legislation and policy can affect the extent to which comparisons can be made over time for individual data series. Where such changes are known, they have been highlighted in the commentary and in the general background notes.

Insolvency legislation

AiB supervises all personal insolvencies in Scotland and administers those bankruptcies wheren The Accountant is appointed as trustee.

Insolvent individuals in Scotland are subject to bankruptcy (sequestration) or enter PTDs under the Bankruptcy (Scotland) Act 1985 (the 1985 Act). The 1985 Act was amended by the Bankruptcy (Scotland) Act 1993 and on 1 April 2008, part 1 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 came into force making changes to some aspects of bankruptcy in Scotland. Changes included the introduction of a route into bankruptcy for people with low income and low
assets (LILA). The changes also took a number of processes out of the Scottish Court system, reducing costs and freeing up court time.

There were a number of changes to bankruptcy, debt relief and money advice in Scotland introduced by the Bankruptcy and Debt Advice (Scotland) Act 2014 (BADA(S)) which came into force from 1 April 2015, and amended the 1985 Act. A new route into bankruptcy was introduced through the BADA(S) for people on low income who do not own property and have very little in savings or other assets. This is known as Minimal Asset Process (MAP), and it replaced LILA.

On 30 November 2016 the new Bankruptcy (Scotland) Act 2016 came into force. The Bankruptcy (Scotland) Act brought together Scottish laws on insolvency for the first time. Although no new policies were introduced, this consolidation exercise has made the complex area of bankruptcy more accessible for insolvency professionals, money advisers and those experiencing financial difficulties.

DAS is administered by AiB. A DPP approved under DAS allow individuals to repay their debts in full over an extended period of time whilst providing protection from enforcement by their creditors and safeguarding their home as long as mortgage payments are maintained. The legislation relating to DAS is contained in the Debt Arrangement and Attachment (Scotland) Act 2002 and subsequent regulations. The Debt Arrangement Scheme (Scotland) Regulations 2011 increased access to allow more debtors to apply for a debt payment programme under DAS and simplified the process, forms and notices. The Debt Arrangment Scheme (Scotland) Amendment Regulations 2014 made provision for the application of the Common Financial Tool to individuals using the DAS scheme and required all qualifying debts to be included in an application by the debtor.

AiB is also responsible for receiving, extracting and recording information from certain forms relating to company liquidations and receiverships. The legislation appropriate to liquidations and
receiverships is contained in the Insolvency Act 1986 and the Insolvency (Scotland) Rules 1986.

An Official Statistics publication for Scotland

The figures released today were produced in accordance with professional standards set out in the Code of Practice for Official Statistics; they undergo regular quality assurance reviews to ensure that they meet customer needs.

Correspondence and enquiries

For enquiries about this publication please contact:
Samuel Dickinson, Statistician, Accountant in Bankruptcy
Telephone: 0300 200 2705
Email: samuel.dickinson@gov.scot
For general enquiries about Scottish Government statistics please contact:
Office of the Chief Statistician
Telephone: 0131 244 0442
Email: statistics.enquiries@scotland.gsi.gov.uk

How to access background or source data

The data collected for this statistical bulletin are available on the AiB Statistics webpages at www.aib.gov.uk/aboutaib/statisticsdata/quarterly-reports
Details of bankruptcies, PTDs, liquidations and receiverships can be found on the Register of Insolvencies, which is maintained by Accountant in Bankruptcy and can be accessed at: https://roi.aib.gov.uk/roi/
The DAS register is an online public register which holds information about those who have a DPP under DAS, availabble at: https://services.aib.gov.uk/dasregister/

Complaints and suggestions

If you are not satisfied with our service or have any comments or suggestions, please write to the: Chief Statistician, 3WR, St Andrews House, Edinburgh, EH1 3DG.
Telephone: (0131) 244 0302
Email: statistics.enquiries@scotland.gsi.gov.uk
If you would like to be consulted about statistical collections or receive notification of publications, please register your interest at: www.gov.scot/scotstat
Details of forthcoming publications can be found at: www.gov.scot/Topics/Statistics/ForthcomingPubs

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