Debt Recovery (Mental Health Moratorium) (Scotland) Regulations - draft: consultation

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.’ The Mental Health Moratorium represents a chance to help improve the lives of those who are struggling with debt and serious mental health issues.

The Scottish Government has benefitted from expert advice provided by the Mental Health Moratorium Working Group on how a Mental Health Moratorium could work, and from the hands-on experience of those engaged in delivering the similar scheme already available in England and Wales. I would like to thank the members of that working group and other stakeholders who have engaged, and continue to engage, throughout the process of developing the Mental Health Moratorium.

Draft regulations for the Mental Health Moratorium, The draft Debt Recovery (Mental Health Moratorium) (Scotland) Regulations, were provided to the Economy and Fair Work Committee prior to stage 3 of the Bankruptcy and Diligence (Scotland) Bill. They provided an opportunity to see the policy direction of the Mental Health Moratorium. There has been continual engagement with stakeholders throughout the development of the draft Regulations. We have listened to previous concerns, such as on the eligibility criteria, and have addressed those concerns within the draft Regulations.

This consultation provides an opportunity to receive feedback on the latest draft of the Regulations and the detailed implementation of the Mental Health Moratorium.

We look forward to receiving your views on this consultation. Your views will support the development of the finalised version of the Regulations and I thank you for taking the time to contribute.

Ivan McKee MSP

Minister for Public Finance