SCHEDULES

SCHEDULE 2Consequential Provisions

Part IAmendments consequential on the Repeal of the Bankruptcy Acts 1883, 1890 and 1913

District Courts (Scotland) Act 1975 (c. 20)

2

After section 13 of the District Courts (Scotland) Act 1975 there shall be inserted the following section—

13ADisqualification in case of sequestration or bankruptcy

1

Subject to subsections (2) and (3) below, a person shall be disqualified for being appointed or acting as a justice of the peace if he is a person whose estate has been sequestrated in Scotland or who has been adjudged bankrupt elsewhere than in Scotland.

2

Where a person is disqualified under this section by reason of his estate having been sequestrated, the disqualification shall cease if and when—

a

the award of sequestration is recalled or reduced; or

b

he is discharged under or by virtue of the [1985 c. 66.] Bankruptcy (Scotland) Act 1985.

3

Where a person is disqualified under this section by reason of having been adjudged bankrupt, the disqualification shall cease if and when—

a

the adjudication of bankruptcy against him is annulled; or

b

he is discharged.