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

Business and regulatory impact assessment (BRIA) undertaken in respect of the Bankruptcy and Diligence (Scotland) Bill.


Enforcement, Sanctions and Monitoring

71. The Bill includes provision for consequences of an employer or arrestee failing to provide the information required by the Bill. It provides that where an employer or arrestee fails without a reasonable excuse to disclose the required information, the sheriff may, on the application by the creditor, make an order requiring the employer or arrestee (as the case may be) to pay the creditor the lesser of the sum due to the creditor by the debtor, or the sum of £500. In the case of earnings arrestment, the sheriff may also order the employer to provide the creditor with the prescribed form. Existing rights of appeal set out in the legislation are extended so that a party may appeal in respect of an order made by the sheriff regarding failure to provide the new information. The sanctions imposed by the Bill will therefore fall within the remit of the Scottish Courts and Tribunals Service.

Contact

Email: policy@aib.gov.uk

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