Bankruptcy and Diligence (Scotland) Bill: business and regulatory impact assessment

Digital Impact Test

65. The Scottish Government has considered the extent to which technology will impact on future delivery.

66. The Bill provides an enabling power to bring forward regulations to create a mental health moratorium. The enabling power does not have any impact on technology and technological advances. The process of the moratorium will be set out in subsequent regulations and digital impacts will be considered further in relation to the regulations.

67. The technical changes to the 2016 Act are to correct errors and remove ambiguity in existing legislation and do not alter the transfer of information.

68. While diligence measures will require notification where an arrestment has been unsuccessful and will prescribe the content of the form it will not prescribe the method of sending/submitting this form. There is currently a requirement to provide information where an arrestment has been successful and it is expected the notification for an unsuccessful arrestment will adhere to a similar process.

69. A DAIP is additional information which will be provided to debtors encouraging them to seek advice when a creditor is seeking to execute diligence on the dependence and prior to a court hearing. For most other types of diligence executed it is a requirement for the creditor to provide the debtor with a DAIP. It is expected that the delivery of the DAIP when executing diligence on dependence will adhere to the same process as those other forms of diligence.