Mental Health Moratorium: consultation

The Bankruptcy and Diligence (Scotland) Bill contains powers which would allow Scottish Ministers to create a Mental Health Moratorium. This would protect people with serious mental health issues from debt recovery action. We are seeking views on the proposed process for a Mental Health Moratorium.

Ministerial foreword

The idea of a moratorium providing special protection to those with serious mental health conditions achieved broad support in the ‘Bankruptcy and debt advice review: consultation.’ An enabling power to establish such a moratorium is included in the Bankruptcy and Diligence (Scotland) Bill. The Economy and Fair Work Committee issued a call for evidence as part of their stage one scrutiny of the Bill. The responses show strong support for the principle of such protection, if understandably raising questions over the details.

The Scottish Government has also benefitted from expert advice provided by the Mental Health Moratorium Working Group on the key issues of detail, and from the hands-on experience of those engaged in delivering the similar scheme already available in England and Wales.

This then is a rather different form of consultation. It sets out a way forward on the detailed implementation of the scheme from the starting point that a scheme itself is accepted as the right approach.

We look forward to receiving your views on this consultation and I thank you for taking the time to contribute.

Tom Arthur MSP

Minister for Community Wealth and Public Finance



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