Act of the Scottish Parliament | |
Long title | An Act of the Scottish Parliament to consolidate the Bankruptcy (Scotland) Act 1985, the Bankruptcy (Scotland) Act 1993, Part 1 of the Bankruptcy and Diligence etc. (Scotland) Act 2007, Part 2 of the Home Owner and Debtor Protection (Scotland) Act 2010, the Bankruptcy and Debt Advice (Scotland) Act 2014, the Protected Trust Deeds (Scotland) Regulations 2013 and related enactments. |
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Citation | 2016 asp 21 |
Dates | |
Royal assent | 28 April 2016 |
Status: Current legislation | |
Text of statute as originally enacted | |
Revised text of statute as amended |
The Bankruptcy (Scotland) Act 2016 (asp 21) is an act of the Scottish Parliament. [1] It forms the key legislative provisions behind the law of bankruptcy in Scotland, with the different Parts of the Act generally following the steps one would take to sequestrate oneself in Scotland.
The Act did not change the law in Scotland, but instead consolidated and codified the provisions of a number of Acts relating to bankruptcy, including the Bankruptcy (Scotland) Acts 1985 and 1993, as well as the Bankruptcy and Debt Advice (Scotland) Act 2014.
A consolidation bill is a bill introduced into the Parliament of the United Kingdom with the intention of consolidating several acts of Parliament or statutory instruments into a single act. Such bills simplify the statute book without significantly changing the state of the law, and are subject to an expedited Parliamentary procedure. Once enacted a consolidation bill becomes a consolidation act.
Sexual Offences Act is a stock short title used for legislation in the United Kingdom and former British colonies and territories such as Antigua and Barbuda, Crown dependencies, Kenya, Lesotho, Republic of Ireland, Sierra Leone, South Africa and Trinidad and Tobago relating to sexual offences.
Delegated legislation or secondary legislation in the United Kingdom is law that is not enacted by a legislative assembly such as the UK Parliament, but made by a government minister, a delegated person or an authorised body under powers given to them by an Act of Parliament.
In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions, as well as the United States and the Philippines, primary legislation has both a short title and a long title.
Representation of the People Act is a stock short title used in Antigua and Barbuda, The Bahamas, Bangladesh, Barbados, Belize, Ghana, Grenada, Guyana, India, Jamaica, Mauritius, Pakistan, Saint Vincent and the Grenadines, Trinidad and Tobago, the United Kingdom and Vanuatu for legislation dealing with the electoral system. Representation of the People Acts is a collective title for legislation relating to representation of the people, including Rating Acts and other Registration Acts. The title was first used in the United Kingdom in the 1832 Great Reform Act and was adopted in other countries of, or formerly part of, the British Empire through the spread of the Westminster parliamentary system.
A Scottish statutory instrument is subordinate legislation made by the Scottish Ministers, as well as subordinate legislation made by public bodies using powers provided to be exercisable by Scottish statutory instrument. SSIs are the main form of subordinate legislation in Scotland, being used by default to exercise powers delegated to the Scottish Ministers, the Lord Advocate, the High Court of Justiciary, the Court of Session, and the King-in-Council.
Bankruptcy Act is a stock short title used for legislation in Australia, Hong Kong, Malaysia, the Republic of Ireland, the United Kingdom and the United States relating to bankruptcy. The Bill for an Act with this short title will usually have been known as a Bankruptcy Bill during its passage through Parliament.
The Criminal Justice (Scotland) Act 1980 is an act of Parliament in the United Kingdom. Most of the act's provisions were merely a consolidation of already existing legislation, and as such subject to little controversy, with the notable exception was section 80, which partially decriminalised private homosexual acts between consenting adults in Scotland.
In many countries, a statutory instrument is a form of delegated legislation.
An Act of Parliament in the United Kingdom is primary legislation passed by the UK Parliament in Westminster, London.
The Interpretation Act 1889 was an act of the Parliament of the United Kingdom that consolidated enactments relating to statutory construction and provided definitions to shorten the language used in acts of Parliament.
An Act of Sederunt is secondary legislation made by the Court of Session, the supreme civil court of Scotland, to regulate the proceedings of Scottish courts and tribunals hearing civil matters. Originally made under an Act of the Parliament of Scotland of 1532, the modern power to make Acts of Sederunt is largely derived from the Courts Reform (Scotland) Act 2014. Since 2013, draft Acts have also been prepared by the Scottish Civil Justice Council and submitted to the Court of Session for approval.
Primary legislation and secondary legislation are two forms of law, created respectively by the legislative and executive branches of governments in representative democracies. Primary legislation generally consists of statutes, also known as 'acts', that set out broad principles and rules, but may delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation, creating legally enforceable regulations and the procedures for implementing them.
An act of the Scottish Parliament is primary legislation made by the Scottish Parliament. The power to create acts was conferred to the Parliament by section 28 of the Scotland Act 1998 following the successful 1997 referendum on devolution.