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- Does Scots bankruptcy law stop you leaving the country?
- Where does the idea that you cannot travel come from?
- Is there anything in the Scottish Act about leaving?
- What does your trustee actually need from you?
- Can you afford a holiday while you are sequestrated?
- What if you move abroad during a sequestration?
- Which restrictions do apply while you are undischarged?
- Related guides
- Frequently asked questions
Nothing in Scots bankruptcy law restricts you from travelling or from holding a passport.
The absconding offence people find online is section 358 of the Insolvency Act 1986, which extends to England and Wales only.
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That is the whole answer, and the reason people doubt it is that the pages answering this question online are written for other countries. The best known of them is written for England and Wales.
What does bind you is your duty to co-operate with your trustee and your budget. How sequestration works covers both.
Does Scots bankruptcy law stop you leaving the country?
No, and we checked it seven ways. The Bankruptcy (Scotland) Act 2016 has eighteen Parts, and no section heading anywhere in it refers to absconding, leaving Scotland, travel, residence abroad or a passport.
What was checked, and what each check found
| The source | What it says about travel |
|---|---|
| The Act's arrangement of sections | No section heading anywhere refers to absconding, leaving Scotland, travel, residence abroad or a passport |
| Section 218, the general offences by a debtor, read in full | No mention of absconding, travel or a passport. Its only reference to Scotland is about removing estate |
| Section 215, the duty to co-operate with the trustee, read in full | Does not mention travel, leaving Scotland, residence or passports |
| Part 9, the examination of the debtor | No provision deals with a debtor about to leave or who has left Scotland or the United Kingdom |
| mygov.scot, how bankruptcy can affect you | Its headings cover bank accounts, credit, work, utilities and the register, and it does not mention travel or passports |
| The Accountant in Bankruptcy's guide to the consequences of bankruptcy | Travel not mentioned. Passport not mentioned |
| Citizens Advice Scotland's bankruptcy guide | The page says nothing about the topic |
Two of those are statutory sections read in full. Section 218 is the general offences provision and section 215 is the duty to co-operate, and neither mentions travel.
The published guidance is silent too
mygov.scot’s page on how bankruptcy affects you runs through bank accounts, credit, work, utilities and the register. Travel is not one of its headings.
The Accountant in Bankruptcy’s guide to the consequences of bankruptcy and Citizens Advice Scotland’s bankruptcy guide are the same. Neither mentions it at all.
Why an absence is a finding here
Restrictions in a Scottish sequestration come from statute. Where no provision creates one, there is not one, and that is a stronger answer than a hedge.
It is the same reasoning that answers whether you can have a bank account. Nothing in the Act freezes one, and what a bank does is its own policy.
Where does the idea that you cannot travel come from?
From one English section, and it is worth naming. Section 358 of the Insolvency Act 1986 is headed Absconding, and its extent is England and Wales.
What section 358 actually prohibits
| The point | The position |
|---|---|
| What it is | The absconding offence at section 358 of the Insolvency Act 1986 |
| Where it applies | England and Wales only. That is the section's stated extent |
| What it actually prohibits | Leaving, or preparing to leave, England and Wales with property worth at least a prescribed amount that you are required to deliver up to the official receiver or trustee |
| What it does not prohibit | Leaving. It is about the property, not the journey |
| The Scottish provision covering the same mischief | Section 218(3)(e), which is about removing part of the estate from Scotland |
| Whether Scotland has an absconding offence | No. There is no equivalent section |
Read it and the picture changes. Section 358 is about leaving with property you are required to hand over, and it is not a ban on leaving.
Why it reaches Scottish readers anyway
English pages dominate bankruptcy search results, and the ones on this question are explicitly English. The differences between the two systems lists the other imports worth spotting.
The tell is usually the vocabulary. A page that names the Official Receiver, a county court or a £680 fee is not describing Scotland, and the same page has a translation table for it.
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Is there anything in the Scottish Act about leaving?
One provision, and it is about your estate rather than about you. Section 218(3)(e) makes it an offence to remove any part of the debtor’s estate from Scotland during the relevant period.
How that provision is built
Section 218(3) groups destroying, damaging, concealing, disposing of and removing from Scotland together. Section 218(4) then makes it an offence unless the perpetrator shows it was not done with intent to prejudice the creditors.
So it catches taking the trustee’s property out of the country. It does not catch going on holiday, and the difference is the subject of the sentence.
The other thing that could bite, in a narrow case
Part 9 deals with the examination of the debtor, and it allows the trustee to seek, and the sheriff to order, your attendance.
We cite the Part rather than a section deliberately. Sections 118 to 121 were read once and the sub-paragraph wording was not transcribed, so we are not going to pin this to a subsection.
Somebody abroad who cannot attend an examination has a problem. Somebody abroad who is never asked to attend does not.
What does your trustee actually need from you?
Co-operation and information, not permission. Section 215 requires you to take every practicable step needed to let the trustee carry out their functions, and nothing in it mentions travel.
The duties that do exist
| The duty | What it means | Where it comes from |
|---|---|---|
| Co-operate with your trustee | Take every practicable step, including executing documents, to let the trustee carry out their functions | Section 215 |
| Report what you acquire, and any substantial change | Immediately, and failing to is a criminal offence | Section 87(1) to (3) |
| Tell your trustee about a change of address | The Accountant in Bankruptcy's only movement-related instruction is to keep the trustee informed of changes in your circumstances, for example if you move house | Debtor Guide, 26 March 2024 |
| Attend an examination if you are asked to | Part 9 allows the trustee to seek, and the sheriff to order, your attendance for examination | Part 9 |
| Do not take estate out of Scotland | An offence, unless you show it was not done with intent to prejudice creditors | Section 218(3)(e) and (4) |
| Keep paying your contribution | The requirement applies irrespective of your discharge, and the order normally runs for 48 months | Sections 91 and 93 |
The Accountant in Bankruptcy’s guide to a debtor’s responsibilities has one movement-related instruction, and it is to keep your trustee informed of changes in your circumstances, for example if you move house.
We are not going to invent a duty to report a holiday
No source read requires it. The Accountant in Bankruptcy’s own responsibilities page does not mention travelling abroad, moving abroad, a passport, or telling the trustee before a trip.
Keeping in touch is sensible anyway. A trustee who cannot reach you asks questions, and unanswered post creates its own problems.
Where the money comes from does matter
A trip paid for out of income you are allowed to keep is a different question from a trip paid for by a windfall. What happens if money arrives while you are bankrupt explains why.
Section 87(1) requires you to tell your trustee immediately about anything you acquire, and failing to is a criminal offence.
Can you afford a holiday while you are sequestrated?
That is usually the real constraint. A debtor contribution order takes the whole of your assessed surplus rather than a percentage of it, so there is rarely spare money sitting unallocated.
How the assessment works
The prescribed tool is the Common Financial Statement, under regulation 15(1) of the Bankruptcy (Scotland) Regulations 2016.
Most sources name the Standard Financial Statement, which is the tool used elsewhere in the United Kingdom. Regulations that would have moved Scotland to it were drafted in 2018 and never made.
That is not a formality. The tool decides what counts as reasonable expenditure, and everything above it goes to the estate.
Borrowing for a trip is where the offence risk sits
While you are undischarged you must tell a lender you are bankrupt if you are borrowing £2,000 or more, or any amount at all if you already owe £1,000 or more.
Utility charges and council tax are left out of that £1,000 calculation.
A holiday on finance can cross both lines without anyone thinking of it as borrowing. The offence in section 218(13) is obtaining the credit without disclosing your position.
And after discharge, in a Minimal Asset Process
For six months from the date of discharge you must tell anyone providing you with credit that you are required to comply with the section 146 conditions, before obtaining credit of £2,000 or more, or any amount at all while you owe £1,000 or more.
That period is six months from discharge. What discharge ends and what carries on sets out the rest.
What if you move abroad during a sequestration?
Your obligations do not stop at the border. Section 215 keeps running, the contribution keeps running, and the acquirenda window keeps running.
The three that follow you
It normally runs for 48 months, which is longer than the twelve months to discharge. The payments carry on after you are discharged.
Property you acquire after sequestration can still vest in the trustee. The window runs for four years from the date of sequestration.
And the Accountant in Bankruptcy’s only movement-related instruction is to keep your trustee informed of any changes in your circumstances, for example if you move house. What a trustee does covers who you are dealing with.
What nothing published addresses
No source read deals with moving abroad as such. There is no provision requiring permission, and there is no guidance describing a process for it.
So the honest answer is that the duties are the same wherever you are, and how you meet them from abroad is a conversation to have with your trustee before you go.
The one thing that would go wrong
Going quiet. Non-co-operation is a matter the decision maker has regard to on a bankruptcy restrictions order, and it also bears on when a discharge is granted.
The categories the Accountant in Bankruptcy uses when it defers a discharge come from its own notes for guidance rather than from the Act.
Which restrictions do apply while you are undischarged?
Credit disclosure, company directorships and a short list of roles with a statute behind each one. Travel is not among them, and neither is holding a passport.
The list, with the provision for each
| What is restricted | What happens | Where it comes from |
|---|---|---|
| Obtaining credit without disclosing your position | An offence at £2,000 or more, or at any amount while you already owe £1,000 or more | Section 218(13) |
| Acting as a company director | An offence without the leave of the court while you are undischarged | Section 11 of the Company Directors Disqualification Act 1986 |
| Acting as an insolvency practitioner | You are not qualified to act | Section 390(4)(a) of the Insolvency Act 1986 |
| Sitting as a Justice of the Peace | Disqualified from being appointed or acting | Section 73(1)(a) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 |
| Practising as a Scottish solicitor | Your practising certificate ceases to have effect, and revives on discharge | Sections 18(1)(c) and 19(4) of the Solicitors (Scotland) Act 1980 |
| Being a charity trustee | Disqualified, though the regulator may waive it | Section 69(2)(b)(i) of the Charities and Trustee Investment (Scotland) Act 2005 |
| Travelling, or holding a passport | Nothing. No provision restricts either | A checked absence across seven sources |
Financial services work is not closed off. The Financial Conduct Authority’s fitness test treats bankruptcy as a matter to weigh rather than a disqualification.
That is the whole sourced list and we are not adding to it. Which jobs sequestration affects sets out each one, and how sequestration affects your credit file covers the record.
Two roles where the answer is genuinely unsettled
The provisions covering members of parliament and local councillors are written around a sequestration awarded by a court, and a Minimal Asset Process award is made by the Accountant in Bankruptcy rather than a court. Whether they bite is not settled.
Where a bankruptcy restrictions order is in force the councillor position is different, because the disqualification there is worded without that qualification. Ask about your own role rather than working from a list found online.
And a restrictions order does not change the travel answer
Nothing read says a bankruptcy restrictions order affects travel, a passport, a bank account, a tenancy or insurance. What an order actually reaches lists the five effects that are sourced.
If you want to check the position for yourself, National Debtline’s Scottish bankruptcy guide is the one written for this jurisdiction. Its travel guidance is written for England and Wales, and that is the trap on this question.
Frequently asked questions
Can you go on holiday while bankrupt in Scotland?
Nothing in Scots bankruptcy law restricts travel. The real limits are your budget, because a debtor contribution order takes your whole assessed surplus, and your duty to co-operate with your trustee.
Do you have to hand in your passport?
No provision requires it, and none of the Accountant in Bankruptcy, mygov.scot or Citizens Advice Scotland mentions a passport at all. The absconding offence people find online is section 358 of the Insolvency Act 1986, which extends to England and Wales only.
Do you have to tell your trustee before you travel?
No source read imposes that duty. What section 215 requires is co-operation, and the Accountant in Bankruptcy’s own instruction is to report changes in your circumstances such as a change of address.
Is it an offence to leave Scotland while sequestrated?
No. Section 218(3)(e) makes it an offence to remove part of the estate from Scotland during the relevant period unless you show it was not done to prejudice creditors, and that is about the trustee’s property rather than about you.
Can you move abroad during a sequestration?
Your obligations travel with you. The duty to co-operate under section 215 continues, the contribution order continues, and estate you acquire keeps vesting for four years from the date of sequestration.
Can you use credit to pay for a holiday?
Not without disclosing your position. Section 218(13) makes it an offence to obtain credit of £2,000 or more, or credit of any amount while you already owe £1,000 or more, without telling the lender.
Does the Official Receiver need to approve travel?
There is no Official Receiver in Scotland. Your trustee is the Accountant in Bankruptcy or an appointed insolvency practitioner, and an English page describing approval for a trip is describing another jurisdiction.
Does a bankruptcy restrictions order restrict travel?
Nothing read says so. The five effects that are sourced are the credit disclosure condition, company directorships, insolvency practice, local authority membership and charity trusteeship.
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Written as general information about Scottish debt law rather than regulated financial or legal advice, and your own circumstances may change the answer. Free, impartial help is available from Citizens Advice Scotland, StepChange, National Debtline and Advice Direct Scotland.