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Bankruptcy and Diligence etc. (Scotland) Act 2007

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Changes over time for: Paragraph 60

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Version Superseded: 30/11/2016

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Point in time view as at 01/07/2010.

Changes to legislation:

Bankruptcy and Diligence etc. (Scotland) Act 2007, Paragraph 60 is up to date with all changes known to be in force on or before 07 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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60(1)Section 73 (interpretation) is amended as follows.S

(2)In subsection (1)—

(a)after the definition of “associate”, insert—

bankruptcy restrictions order” has the meaning given by section 56A(1) of this Act;

“ “bankruptcy restrictions undertaking” has the meaning given by section 56G(1) of this Act;;

(b)after the definition of “debtor”, insert—

debtor application” means an application for sequestration made to the Accountant in Bankruptcy under sections 5(2)(a) or 6(3)(a), (4)(a) or (6)(a) of this Act;;

(c)after the definition of “the EC regulation”, insert—

enactment” includes an Act of the Scottish Parliament and any enactment comprised in subordinate legislation under such an Act;;

(d)in the definition of “interim trustee”, for “2” substitute “ 2(5) ”;

(e)after the definition of “ordinary debt”, insert—

original trustee” shall be construed in accordance with section 24(1)(a) of this Act;;

(f)after the definition of “relevant person”, insert—

replacement trustee” shall be construed in accordance with section 24(1)(b) of this Act;;

(g)after the definition of “sederunt book”, insert—

sequestration proceedings” includes a debtor application and analogous expressions shall be construed accordingly;; and

(h)after the definition of “trust deed”, insert—

trustee” means trustee in the sequestration;

trustee vote” shall be construed in accordance with section 24(1) of this Act;.

(3)In subsection (5)(b), for “such a petition” substitute “ a debtor application ”.

(4)In subsection (6), for “clerk of the court” substitute “ sheriff clerk ”.

(5)After subsection (6), insert—

(6A)Any reference in this Act, howsoever expressed, to the time when a debtor application is made shall be construed as a reference to the time when the application is received by the Accountant in Bankruptcy..

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