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Publication - FOI/EIR release

Bankruptcy restriction orders contested in court: FOI release

Published: 16 Feb 2018

Information request and response under the Freedom of Information (Scotland) Act 2002.

Published:
16 Feb 2018
Bankruptcy restriction orders contested in court: FOI release

FOI reference: FOI/18/00268
Date received: 30 January 2018
Date responded: 15 February 2018

Information requested

1. Please can you confirm the number of bankruptcy restriction orders that been contested in court by the debtor against the AiB since 1st January 2008 until the present day?

2. How many of these contested BRO's made by debtors were successful i.e. the BRO was either not granted against the debtor, certain allegations within the BRO were either uncontested by the AiB or overturned by the court?

3. How many BRO's have been issued and successfully imposed by the AiB since 1st January 2008?

Response

I will respond to your questions in the order they were presented.

1&2. While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. The reason why we do not have the information is explained in the Annex to this letter.

3. The total number of BROs and Bankruptcy Restriction Undertakings (BRUs) granted from 2008 to date are as follows:

Year BRO Granted BRU accepted
2008/09 0 4
2009/10 1 11
2010/11 4 19
2012/13 8 32
2013/14 23 29
2014/15 53 16
2015/16 96 17
2016/17 29 3
2017/18 11 0

A BRU is no longer an option for cases awarded after 1 April 2015.

The AiB website details a list of all BROs & Undertakings, which can be viewed by using the following link:

https://www.aib.gov.uk/about-aib/statistics-data/bankruptcy-restrictions/list-current-bankruptcy-restriction-orders

Statistics are also detailed in the AiB Annual Reports, which can be viewed by using the following link:

https://www.aib.gov.uk/about-aib/statistics-data/aib-annual-reports-1986-present

Reasons for not providing information

The Scottish Government does not have the information.

Section 17(1) of FOISA (information not held) requires the Scottish Government to notify you if it does not have the information you requested. The Scottish Government does not have the information you have asked for because we do not record the number of BRO court submissions contested by the debtor.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses

Contact

Please quote the FOI reference

Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG