Bankruptcy and Diligence (Scotland) Bill: equality impact assessment

Recommendations and Conclusion

24. Provisions within this Bill will help those within the equality groups if they are struggling with unsustainable debt and are experiencing serious mental health issues by bringing forward an enabling power to introduce a mental health moratorium. Individuals will also benefit from the extension of the redemption period in exceptional attachment as they will have longer to find the money to pay the redemption fee.

25. The amendments to diligence will have a positive impact on creditors through the streamlining of the execution of money attachment outwith 8am and 8pm.

26. Further, creditors will benefit from being given information where an arrestment is unsuccessful as they will be able to make decisions based on facts, rather than assumptions.

27. The technical amendments to the 2016 Act are not assessed to impact on any of the equality groups but are necessary to clarify a small number of provisions in the existing legislation where ambiguity / cross-referencing errors have been identified.