Savings and transitional arrangements

Sequestration before 1st April 20154

1

Except as mentioned in paragraph (3) and article 6, nothing brought into force by this Order has effect as regards any sequestration in respect of which—

a

the petition is presented before 1st April 2015; or

b

a debtor application was made before that date.

2

The 1985 Act, as in force immediately before 1st April 2015, continues to apply and have effect in relation to any such sequestration.

3

This article does not apply as regards the following provisions of the Act—

a

section 8 (moratorium on diligence),

b

section 12 (concurrent proceedings: recall),

c

section 20 (unclaimed dividends and unapplied balances),

d

section 22 (register of insolvencies),

e

section 24 (abolition of Edinburgh Gazette requirements),

f

section 25 (directions),

g

sections 26(1)(a), (2) and (3) and 27 (recall of sequestration),

h

section 34 (conversion of trust deed into sequestration),

i

sections 38 to 43 (review of decisions made by Accountant in Bankruptcy),

j

section 48 (renewal of inhibition period),

k

section 49 (division and sale of family home),

l

section 50 (effect of debtor discharge), and

m

in schedule 3—

i

paragraph 3(a) (moratorium on diligence and register of insolvencies),

ii

paragraphs 12 and 13 (expiry of inhibitory effect sequestration: recall),

iii

paragraphs 25 and 26 (review by Accountant in Bankruptcy of adjudication of claims),

iv

paragraph 31 (unclaimed dividends and unapplied balances), and

v

paragraph 35(b), (c) and (e) (definitions of “common financial tool”, “DAS register”, “debtor contribution order” and “debtor’s contribution”).

4

For the purposes of paragraph (1) the bankruptcy restrictions undertaking of a debtor is treated as sequestration of that debtor4.