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Bankruptcy and Diligence etc. (Scotland) Act 2007

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Point in time view as at 01/04/2008. This version of this provision has been superseded. Help about Status

Changes to legislation:

Bankruptcy and Diligence etc. (Scotland) Act 2007, Section 16 is up to date with all changes known to be in force on or before 14 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

16Sequestration proceedings to be competent only before sheriffS

This section has no associated Explanatory Notes

(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(d)subsection (4) is repealed.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(a)subsection (1) is repealed;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(iii)the words from “from” to “remitted” are repealed;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 ”.

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