Bankruptcy and Diligence etc. (Scotland) Act 2007

Jurisdiction S

16 Sequestration proceedings to be competent only before sheriff S

(1) In section 9 of the 1985 Act (jurisdiction)—

(a) in subsection (1)—

(i) for “Court of Session” substitute “ sheriff ”; and

(ii) for “Scotland” substitute “ the sheriffdom ”;

(b) in subsection (2)—

(i) for “Court of Session” substitute “ sheriff ”; and

(ii) for “Scotland”, in both places where it occurs, substitute “ the sheriffdom ”;

(c) in subsection (3), for “Court of Session” substitute “ sheriff ”; and

(d) subsection (4) is repealed.

(2) In section 15 of that Act (further provisions relating to award of sequestration)—

(a) subsection (1) is repealed;

(b) in subsection (2)—

(i) for “Court of Session” substitute “ sheriff ”;

(ii) for “it”, where it first occurs, substitute “ him and subject to subsection (2A) below ”; and

(iii) the words from “from” to “remitted” are repealed;

(c) after subsection (2), insert—

“(2A) The debtor may, with leave of the sheriff, appeal to the sheriff principal against a transfer under subsection (2) above.”;

(d) in subsection (3), for “court” substitute “ sheriff ”; and

(e) in subsection (5), for “clerk of the court” substitute “ sheriff clerk ”.

(3) In section 16 of that Act (petitions for recall), in subsection (1), for “Court of Session” substitute “ sheriff ”.

(4) In section 17 of that Act (recall)—

(a) in subsection (1)—

(i) for “Court of Session” substitute “ sheriff ”; and

(ii) for “it”, in the first and third places where it occurs, substitute “ ;he ”;

(b) in subsection (2)—

(i) for “Court” substitute “ sheriff ”; and

(ii) for “it” substitute “ he ”;

(c) in subsection (3)—

(i) for “Court” substitute “ sheriff ”; and

(ii) in paragraph (c), for “it” substitute “ he ”;

(d) in subsection (6)—

(i) for “Court” substitute “ sheriff ”; and

(ii) for “it”, in the second and third places where it occurs, substitute “ he ”;

(e) in subsection (7)—

(i) for “Court” substitute “ sheriff ”; and

(ii) for “it” substitute “ he ”; and

(f) in subsection (8), for “clerk of the court” substitute “ sheriff clerk ”.