Prescription (Scotland) Act 2018

CPAG

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Debt Advice Handbook Scotland 1st ed - with new material

Prescription (Scotland) Act 2018

In 2017, the Scottish Law Commission reviewed the 1973 Act to make the law around negative prescription clearer and easier to understand.1Scottish Law Commission, Report on Prescription, COM No.247, July 2017, available at Subsequently, the Prescription Scotland Act 2018 (the ‘2018 Act’) received royal assent in 2018. Its commencement and transitional regulations set out when various parts of the 2018 Act come into force to amend the 1973 Act.2The Prescription (Scotland) Act 2018 (Commencement, Saving and Transitional Provisions) Regulations 2022 No.78

•The new s11(3) and (3A) ‘knowledge test’ came into force on 1 June 2022.3s5 PSA 2018

•The new s13 came into force on 1 June 2022, enabling parties to enter into agreements to extend a five-year prescriptive period by up to one year.4s13 PSA 2018

•All other provisions will come into force from 28 February 2025.

1 Scottish Law Commission, Report on Prescription, COM No.247, July 2017, available at »

2 The Prescription (Scotland) Act 2018 (Commencement, Saving and Transitional Provisions) Regulations 2022 No.78 »

3 s5 PSA 2018 »

4 s13 PSA 2018 »

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Debt Advice Handbook Scotland - 1st edition

Written in partnership with Citizens Advice Scotland and Money Advice Scotland, CPAG is delighted to announce the first edition of the Debt Advice Handbook Scotland. Based on CPAG’s best-selling Debt Advice Handbook, it details the stages of the debt advice process in Scotland and the key skills needed to give good advice. No money adviser should be without this essential guide. This online edition is funded by the Scottish government.

The Handbook provides the most comprehensive information needed by advisers on the tools and strategies to help clients with their financial difficulties. It details the key stages of money advice, including interviewing clients, establishing liability, prioritising debts, preparing a financial statement, negotiating with creditors and dealing with sheriff officers. Emphasis is placed on taking due care of vulnerable clients and making sure that any payment arrangements agreed are appropriate. There is a focus on sustainable credit arrangements that do not affect a client’s ability to pay essential living expenses and priority debts.

It is the go-to tool for specialist debt advisers as a first step in accessing primary legislation and regulations and is also a reliable guide and training aid for the new debt adviser. Advisers who undertake debt advice alongside other sorts of advice work or other professional disciplines – such as social workers and housing officers – will find this handbook an indispensable resource.

Fully indexed and cross-referenced to law, official guidance and to court and tribunal decisions, tactical guidance and examples are included throughout.

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CPAG

Print publication date Jun, 2024

This content was last updated:2024-07-01

Word count175,160

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