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Bankruptcy and Diligence etc. (Scotland) Act 2007

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Point in time view as at 30/11/2016.

Changes to legislation:

Bankruptcy and Diligence etc. (Scotland) Act 2007, Part 1 is up to date with all changes known to be in force on or before 13 November 2024. 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

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Part 1SBankruptcy

Duration of bankruptcyS

F11Discharge of debtorS

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Bankruptcy restrictions orders and undertakingsS

F12Bankruptcy restrictions orders and undertakingsS

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Effect of bankruptcy restrictions orders and undertakingsS

3Disqualification from being appointed as receiverS

(1)Section 51 of the Insolvency Act 1986 (c. 45) (appointment of receiver) is amended as follows.

(2)In subsection (3), after paragraph (b), insert—

“(ba)a person subject to a bankruptcy restrictions order;”.

(3)In subsection (5), after “bankrupt” insert “or a person subject to a bankruptcy restrictions order”.

(4)In subsection (6), after “receivers” insert “; and

“bankruptcy restrictions order” means—

(a)a bankruptcy restrictions order made under section 56A of the Bankruptcy (Scotland) Act 1985 (c. 66);

(b)a bankruptcy restrictions undertaking entered into under section 56G of that Act;

(c)a bankruptcy restrictions order made under paragraph 1 of Schedule 4A to this Act; or

(d)a bankruptcy restrictions undertaking entered into under paragraph 7 of that Schedule.”.

4Disqualification for nomination, election and holding office as member of local authorityS

In section 31 of the Local Government (Scotland) Act 1973 (c. 65) (disqualifications for nomination, election and holding office as member of local authority)—

(a)after subsection (1)(b), insert—

“(ba)he is subject to a bankruptcy restrictions order;”; and

(b)after subsection (3A), insert—

“(3B)In subsection (1)(ba) above, “bankruptcy restrictions order” means—

(a)a bankruptcy restrictions order made under section 56A of the Bankruptcy (Scotland) Act 1985;

(b)a bankruptcy restrictions undertaking entered into under section 56G of that Act;

(c)a bankruptcy restrictions order made under paragraph 1 of Schedule 4A to the Insolvency Act 1986 (c. 45); or

(d)a bankruptcy restrictions undertaking entered into under paragraph 7 of that Schedule.”.

F25Orders relating to disqualificationS

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Textual Amendments

The trustee in the sequestrationS

F26Amalgamation of offices of interim trustee and permanent trusteeS

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F27Repeal of trustee's residence requirementS

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F28Duties of trusteeS

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F29Grounds for resignation or removal of trusteeS

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F210Termination of interim trustee's functionsS

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F211Statutory meeting and election of trusteeS

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F212 Replacement of trustee acting in more than one sequestrationS

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F213Requirement to hold money in interest bearing accountS

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Debtor applicationsS

F214Debtor applicationsS

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F215Debtor applications by low income, low asset debtorsS

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JurisdictionS

F216Sequestration proceedings to be competent only before sheriffS

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Vesting of estate and dealings of debtorS

F217Vesting of estate and dealings of debtorS

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Income received by debtor after sequestrationS

F218Income received by debtor after sequestrationS

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Debtor's home and other heritable propertyS

F219Debtor's home and other heritable propertyS

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Protected trust deedsS

F220Modification of provisions relating to protected trust deedsS

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...S

F221Modification of composition procedureS

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Status and powers of Accountant in BankruptcyS

F222Status of Accountant in Bankruptcy as officer of the courtS

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F223Accountant in Bankruptcy's power to investigate trustees under protected trust deedsS

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OffencesS

F224Modification of offences under section 67 of the 1985 ActS

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Miscellaneous and generalS

F225Debt limits in sequestrationsS

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F226Creditor to provide debt advice and information packageS

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F227Continuation of sequestration proceedingsS

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F228Abolition of summary administrationS

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F229Non-vested contingent interest reinvested in debtorS

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F230Debtor's requirement to give account of state of affairsS

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F231Restriction of debtor's right to appeal under sections 49(6) and 53(6) of the 1985 ActS

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Textual Amendments

F232Status of order on petition to convert protected trust deed into sequestrationS

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Textual Amendments

33Power to provide for lay representation in sequestration proceedingsS

In section 32(1) of the Sheriff Courts (Scotland) Act 1971 (c. 58) (power of Court of Session to regulate civil procedure in sheriff court), after paragraph (l) insert—

“(m)permitting a debtor appearing before a sheriff under section 12 of the Bankruptcy (Scotland) Act 1985 (c. 66) (award of sequestration) to be represented, in such circumstances as may be specified in the act of sederunt, by a person who is neither an advocate nor a solicitor.”.

34Treatment of student loans on sequestrationS

(1)In section 73B(12) of the Education (Scotland) Act 1980 (c. 44) (power to make provision in relation to treatment of student loans upon discharge under the 1985 Act), after “receive,” insert “before, on or”.

(2)In paragraph 6 of Schedule 2 to the Education (Student Loans) Act 1990 (c. 6) (treatment of student loans on sequestration), which, notwithstanding its repeal by section 44 of and Schedule 4 to the Teaching and Higher Education Act 1998 (c. 30), is saved by virtue of article 3 of the Teaching and Higher Education Act 1998 (Commencement No. 2 and Transitional Provisions) Order 1998 (S.I. 1998 No. 2004)—

(a)after “Where,” insert “before, on or”; and

(b)after “before” insert “, on”.

F335Certain regulations under the 1985 Act: procedureS

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Textual Amendments

F336Minor and consequential amendments of the 1985 ActS

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