Go to ...
- How many statutory moratoriums can you have?
- How long does a statutory moratorium last?
- Can a moratorium end early, or run for longer than six months?
- What does a moratorium stop, and what does it not stop?
- What should the six months be used for?
- What happens when the moratorium ends?
- What are the options if you cannot have another one?
- Related guides
- Frequently asked questions
Yes, but not twice in the same year. You can normally have only one statutory moratorium in any rolling 12-month period, each lasting up to six months, with a narrow exception for certain former joint applicants to the Debt Arrangement Scheme.
So the honest answer is yes and no. You can use one more than once in your life, and you cannot treat it as a rolling shield.
Used a moratorium before? Check when you could have another six months.
No obligation
★★★★★Rated 5 stars on Google
That design is deliberate. A moratorium is breathing room while you put a longer-term answer in place, not the answer itself.
Which makes the six months worth planning rather than spending. How a statutory moratorium protects you covers what it is, and this page covers how often you get one and what to do with it.
How many statutory moratoriums can you have?
One in any rolling 12-month period. The exception is narrow and applies to certain people who were previously joint applicants to the Debt Arrangement Scheme, so it is worth checking rather than assuming.
Rolling means rolling
The clock does not reset in January or in April. It runs from your own moratorium, so the dates on your own paperwork are the ones that matter.
If you are not sure when yours ran, the Accountant in Bankruptcy holds the record and a money adviser can check it for you before you rely on a date.
Ending one early does not buy you another
A moratorium can come to an end before the six months are up, and the twelve-month rule still counts it as the one you have had. That is the trap in the design.
So do not lodge one to see what happens. How to apply for a statutory moratorium in Scotland sets out what you should have ready first.
How long does a statutory moratorium last?
Six months, running from the day the entry is made in the register. That length was set by section 23 of the Coronavirus (Recovery and Reform) (Scotland) Act 2022, in force on 1 October 2022.
Where the six months comes from
It was extended from six weeks by the Coronavirus (Scotland) Act 2020 and made permanent by section 23 of the 2022 Act, which amended section 198 of the Bankruptcy (Scotland) Act 2016.
Six months is a long time next to the six weeks it replaced. It is enough to complete a budget, take advice and get a formal solution applied for and approved.
Who applies for you
Applications go to the Accountant in Bankruptcy, and in practice most people apply through a money adviser rather than alone. What free debt advice is available in Scotland lists the services, and none of them charge.
Using an adviser also means the moratorium starts working alongside the rest of the plan. On its own it changes nothing about what you owe.
Need breathing space from a wage arrestment? Get free help in under 60 seconds
Can a moratorium end early, or run for longer than six months?
Both. It ends early where sequestration is awarded, a trust deed becomes protected, a Debt Payment Programme is approved or you withdraw the notice, and it runs on where one of those applications is already in.
The limbs, set out
| Which way | What has happened | What follows |
|---|---|---|
| It ends early | Sequestration is awarded on your estate | Protection carries over into the sequestration |
| It ends early | A trust deed becomes protected | Section 173 ends an existing earnings arrestment on the date of protection |
| It ends early | A Debt Payment Programme is approved | The programme stops an existing earnings arrestment |
| It ends early | A trust deed is refused protected status | The moratorium ends, and the twelve-month rule still counts it |
| It ends early | You withdraw the notice | The protection goes and the twelve-month rule still applies |
| It runs on | A sequestration application is already in | Until that application is decided or withdrawn |
| It runs on | A Debt Payment Programme application is already in | Until that application is decided or withdrawn |
| It runs on | A trust deed is seeking protected status | For up to seven further weeks |
The seven weeks is the one to know about
Where a trust deed is seeking protected status, the moratorium can run for up to seven further weeks. That matters because protection is weeks after signing, and whether a trust deed stops a wage arrestment explains the gap.
None of those extensions is a second moratorium. They are the same one running until the application it was covering is dealt with.
What the early endings have in common
Three of the four are something better taking over, which is the point of the six months. The fourth, withdrawal, leaves you with nothing and still uses up the year.
So withdraw only on advice. If a plan falls through, ask the adviser what the moratorium is still doing for you before you give it up.
What does a moratorium stop, and what does it not stop?
It stops service of a charge for payment, stops new diligence and stops creditor petitions for sequestration. It does not stop an earnings arrestment that was already running, and it does not stop interest.
The exception that catches people out
A moratorium does not stop an earnings arrestment that was already running. Section 197(5)(d) of the Bankruptcy (Scotland) Act 2016 lets a creditor carry on executing an earnings arrestment, a current maintenance arrestment or a conjoined arrestment order that came into effect before the moratorium began.
So if the deduction has already started, expect it to continue through all six months. Whether a statutory moratorium can stop a wage arrestment deals with that head on.
Where it bites harder than people expect
A moratorium does stop arrested funds being released to the creditor under section 73J of the Debtors (Scotland) Act 1987, and the moratorium period is left out of the count for that clock.
So it reaches a bank arrestment in a way it does not reach a wage arrestment. That asymmetry is the most useful thing on this page for anyone with money frozen in an account.
Stopped and not stopped
| Stopped by a moratorium | Not stopped by a moratorium |
|---|---|
| Service of a charge for payment | Interest, fees and charges, which keep accruing |
| Starting a new earnings arrestment | An earnings arrestment that was already running, under section 197(5)(d) |
| Starting or executing a bank arrestment | A creditor raising a court action and obtaining a decree |
| Release of arrested funds to a creditor under section 73J of the Debtors (Scotland) Act 1987 | Auctioning goods that had already been attached |
| Attachment of goods | Implementing a decree of furthcoming, or a decree for the sale of a ship or cargo |
| Creditor petitions for your sequestration | Your ongoing liability for current-year bills, which still has to be paid |
Three other things stay competent under section 197(5): auctioning goods already attached, implementing a decree of furthcoming, and implementing a decree for the sale of a ship or cargo.
What should the six months be used for?
Getting a full picture of what you owe, taking free advice, and getting a longer-term solution approved before the protection lifts. The moratorium buys time and the solution changes the outcome.
A realistic order of work
- Weeks one and two: list every debt, get written balances, and separate priority debts from the rest.
- Weeks three and four: complete a full income and expenditure budget with an adviser.
- Month two: check benefit entitlement, Council Tax Reduction and any discounts you may have missed.
- Months two and three: choose between the Debt Arrangement Scheme, a protected trust deed, sequestration and an arrangement with creditors.
- Months four to six: get the application in and approved, so the protection does not lapse into a gap.
That timetable is generous on purpose. Which bills are priority debts in Scotland is the right place to start the first fortnight.
Do not lose sight of the current year
Ongoing council tax for the current year still has to be paid. It cannot go into a Debt Payment Programme, as whether council tax arrears can go into a Debt Arrangement Scheme explains, and letting it slip creates a fresh set of arrears on top of the old ones.
Check the reductions at the same time, because they change the budget the whole plan rests on. What benefits to check if you are struggling with council tax runs through them.
What happens when the moratorium ends?
Protection stops. Creditors can serve a charge for payment, start or resume diligence and petition for your sequestration again, unless another form of protection is in place by then.
No taper, no grace period
The six months run out and the position reverts. That is why advisers push so hard on getting something approved before the end date rather than at it.
Interest and charges have also been accruing throughout, and a creditor who obtained a decree during the six months still has it. What a charge for payment is covers what usually arrives first.
What can carry the protection forward
An approved Debt Payment Programme under the Debt Arrangement Scheme, which stops an existing earnings arrestment and blocks new diligence.
Sequestration, including the Minimal Asset Process, where section 72(2) of the Debtors (Scotland) Act 1987 ends an existing earnings arrestment on the date of sequestration.
A trust deed, but only once it becomes protected. What a protected trust deed is explains why signing alone is not enough, and it is the reason the seven-week extension exists.
What are the options if you cannot have another one?
Plenty. The Debt Arrangement Scheme, a protected trust deed, sequestration and the Minimal Asset Process all give protection in their own right, and a time to pay order can recall an earnings arrestment outright.
The routes side by side
| Route | What it is | What it does about diligence |
|---|---|---|
| Debt Arrangement Scheme | Repay in full over an agreed period, with interest, fees and charges frozen and written off on completion | An approved programme stops an existing earnings arrestment. Council tax arrears can go in, the current year cannot |
| Protected trust deed | Formal insolvency, normally a payment period of 48 months | Section 173 ends an existing earnings arrestment on the date of protection, not on signing |
| Sequestration | Available on your own application where debts exceed £3,000, with a £150 fee waived for people on qualifying benefits or with no disposable income | Section 72(2) of the Debtors (Scotland) Act 1987 ends an existing earnings arrestment on the date of sequestration |
| Minimal Asset Process | A short form of sequestration for people with very little | Total debts under £25,000 and assets under £2,000, with automatic discharge after six months |
| Time to pay order | An instalment order from the sheriff | Where the sheriff makes the order, section 9(2)(a) requires recall of any existing earnings arrestment. The debt must be £25,000 or less excluding interest |
Which of those fits depends on what you owe, what you earn and what you own. Which debt solution is best if you have a wage arrestment compares them on those terms.
One route that is not available, whatever you have read
The mental health moratorium in the Bankruptcy and Diligence (Scotland) Act 2024 is a duty on Ministers to make regulations, and those regulations do not exist.
A draft was consulted on and the responses were published in July 2025, with no timetable since. The Accountant in Bankruptcy’s own page on it is the place to watch, and what the Bankruptcy and Diligence (Scotland) Act 2024 changed sets out what is and is not in force.
Where to start today
Speak to an adviser now rather than at the end of the six months. They will tell you where you stand on the twelve-month clock, and where to go for help to stop a wage arrestment lists who to call.
If council tax is the debt behind it, our council tax debt advice page sets out how we help.
Frequently asked questions
How many statutory moratoriums can you have?
Normally one in any rolling 12-month period. A narrow exception exists for certain people who were previously joint applicants to the Debt Arrangement Scheme, so check with a money adviser rather than assuming.
How long does a statutory moratorium last in Scotland?
Six months, running from the day the entry is made in the register. That length was set by section 23 of the Coronavirus (Recovery and Reform) (Scotland) Act 2022, in force on 1 October 2022, amending section 198 of the Bankruptcy (Scotland) Act 2016.
Does a moratorium stop a wage arrestment?
Not one that was already running. Section 197(5)(d) of the Bankruptcy (Scotland) Act 2016 lets a creditor carry on executing an earnings arrestment that came into effect before the moratorium began, though it does stop a new one being started.
Can a moratorium last longer than six months?
It can run on until a sequestration application or a Debt Payment Programme application is decided or withdrawn, and for up to seven further weeks while a trust deed is seeking protected status. Those are extensions of the same moratorium rather than a second one.
Does interest stop during a moratorium?
No. Interest, fees and charges keep accruing throughout the six months, which is one reason the period is best used to get a longer-term solution approved.
Can a creditor still take me to court during a moratorium?
They can raise an action and obtain a decree. What they cannot do is enforce it while the moratorium runs, so the decree sits there until the protection lifts.
If my moratorium ends early, can I apply for another one?
The rule is one in any rolling 12-month period, so a moratorium that ended early still counts as the one you have had. The Accountant in Bankruptcy holds the dates and an adviser can check them.
Is there a separate mental health moratorium in Scotland?
Not yet. The provision in the Bankruptcy and Diligence (Scotland) Act 2024 is a duty on Ministers to make regulations and those regulations do not exist, so it is not a second route.
Get free, confidential help with your debts today
Free, confidential advice on where you stand and what can be stopped.
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.