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Report on the Consolidation of Bankruptcy Legislation in Scotland - Scottish Law Commission Report #232 (Paperback)
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Report on the Consolidation of Bankruptcy Legislation in Scotland - Scottish Law Commission Report #232 (Paperback)
Series: Scottish Government Papers
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The project to consolidate bankruptcy legislation in Scotland
followed a suggestion by the Accountant in Bankruptcy, an executive
agency of the Scottish Government, which supervises and administers
the process of bankruptcy. Although most of the law proposed for
consolidation is already contained in a single Act, the Bankruptcy
(Scotland) Act 1985 (the 1985 Act) that Act has been so heavily
amended, on so many occasions, that it has lost coherence and
rational structure. Many of its provisions (whether sections,
subsections or paragraphs) are inordinately long; and numbering has
become complex and unwieldy. The primary aim of consolidation is to
make the legislation on a particular area of law more accessible
for practitioners and for those affected by it, thereby saving time
and money. The amendments outlined in Chapter 2 are intended to
remove anomalies, to treat like cases in the same way or to omit
provisions that are no longer of any practical utility. The
amendments are given effect in the Commission's draft consolidation
Bill (appendix 2). Considerations of legislative competence and of
giving effect to certain provisions in other jurisdictions of the
United Kingdom require the various provisions to be divided between
a draft Bill of the Scottish Parliament and a draft order of the
United Kingdom Parliament under section 104 of the Scotland Act
1998. A draft order is included at appendix 3.
General
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