Search Legislation

Bankruptcy (Scotland) Act 2016

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 79

 Help about opening options

Changes to legislation:

Bankruptcy (Scotland) Act 2016, Section 79 is up to date with all changes known to be in force on or before 27 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

79Provision supplementary to section 78 and interpretation of Part 5S

(1)In subsection (1) of section 78, the “whole estate of the debtor” means the debtor's whole estate at the date of sequestration (wherever situated) including—

(a)any income or estate vesting in the debtor on the date of sequestration,

(b)any property of the debtor title to which has not been completed by another person deriving right from the debtor, and

(c)the capacity to exercise and to take proceedings for exercising all such powers in, over or in respect of any property as—

(i)might have been exercised by the debtor for the debtor's own benefit as at, or on, the date of sequestration, or

(ii)might be exercised on a relevant date.

(2)But subsection (1) is subject to subsection (3) F1....

(3)The “whole estate of the debtor” does not include any interest of the debtor as tenant under—

(a)a tenancy which is an assured tenancy within the meaning of Part 2 of the Housing (Scotland) Act 1988,

(b)a protected tenancy within the meaning of the Rent (Scotland) Act 1984 in respect of which, by virtue of Part 8 of that Act, no premium can lawfully be required as a condition of assignation, F2...

(c)a Scottish secure tenancy within the meaning of the Housing (Scotland) Act 2001[F3, or

(d)a private residential tenancy within the meaning of the Private Housing (Tenancies) (Scotland) Act 2016].

(4)On the date on which the trustee serves notice to that effect on the debtor, the interest of the debtor as tenant under any of the tenancies referred to in subsection (3) forms part of the debtor's estate and vests in the trustee as if it had vested in the trustee under section 86(5).

(5)In this Part “relevant date” means a date after the date of sequestration and before the date which is 4 years after the date of sequestration.

Back to top

Options/Help

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?