Sch. 3 para. 1 in force at 30.6.2014 by S.S.I. 2014/172, art. 2, Sch.
Sch. 3 para. 2 in force at 30.6.2014 for specified purposes by S.S.I. 2014/172, art. 2, Sch.
Sch. 3 para. 2 in force at 1.4.2015 in so far as not already in force by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 3 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 4 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 5 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 6 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 7 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 8 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 9 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 10 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 11 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 12 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 13 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 14 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 15 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 16 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 17 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 18 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 19 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 20 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 21 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 22 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 23 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 24 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 25 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 26 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 27 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 28 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 29 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 30 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 31 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 32 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 33 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 34 in force at 30.6.2014 by S.S.I. 2014/172, art. 2, Sch.
Sch. 3 para. 35(a)-(g) in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 35(h) in force at 30.6.2014 by S.S.I. 2014/172, art. 2, Sch.
Sch. 3 para. 36 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 37 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 38 in force at 30.6.2014 by S.S.I. 2014/172, art. 2, Sch. (with art. 3)
Sch. 3 para. 39 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 40 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
Sch. 3 para. 41 in force at 1.4.2015 by S.S.I. 2014/261, art. 3 (with
(introduced by section 56(1))
The Bankruptcy (Scotland) Act 1985 Act is amended as follows.
In section 1A(1)(b) (register of insolvencies)—
persons who are the subject of notices under section 4A(1) and 4B(1),
In section 5 (sequestration of the estate of living or deceased debtor)—
In section 6 (sequestration of other estates)—
a limited liability partnership,
by debtor application made by the partnership where the partnership is apparently insolvent,
For the purposes of an application under subsection (4)(za), section 7(3)(a) is to be read as if— the word “either” were omitted, and the words “or if any of the partners is apparently insolvent for a debt of the partnership” were omitted.
In section 7 (meaning of “apparent insolvency”)—
the debtor grants a trust deed, following the service on the debtor of a duly executed charge for payment of a debt, the days of charge expire without payment (unless the circumstances are shown to be such as are mentioned in subsection (1A)), a decree of adjudication of any part of the debtor's estate is granted, either for payment or in security (unless the circumstances are shown to be such as are mentioned in subsection (1A)), a debt constituted by a decree or document of debt (as defined in section 10 of the Debt Arrangement and Attachment (Scotland) Act 2002) is being paid by the debtor under a debt payment programme under Part 1 of that Act and the programme is revoked (unless the circumstances are shown to be such as are mentioned in subsection (1A)),
The circumstances are— that, at the time of the occurrence, the debtor was able and willing to pay the debtor's debts as they became due, or that, but for the debtor's property being affected by a restraint order or being subject to a confiscation order or charging order, the debtor would at that time have been able to pay those debts as they became due.
In section 12 (when sequestration is awarded)—
In section 13B (termination of Accountant in Bankruptcy's functions as interim trustee where not appointed as trustee)—
that, in the circumstances mentioned in subsection (9), the Accountant in Bankruptcy is discharged from any liability incurred while acting as interim trustee.
In section 14(1) (registration of warrant or determination of debtor application: duties of sheriff clerk)—
on the recording under section 10A(3D), 17D(6) or 17E(8) of a certified copy of a decision,
In section 17 (recall of sequestration)—
In section 20(1) (trustee's duties on receipt of list of assets and liabilities)—
after considering any such representations as are mentioned in paragraph (b), shall, if in the interim trustee's opinion the debtor's assets are unlikely to be sufficient to pay any dividend whatsoever in respect of the debts mentioned in paragraphs (e) to (h) of section 51(1), so indicate,
In section 32 (vesting of estate of debtor after sequestration)—
is subject to a debtor contribution order.
The trustee must send a copy of the record of the examination to the Accountant in Bankruptcy.
in subsection (7) the words “and keep a record of it stating the date when it was produced to him” were repealed.
In section 52(7) (set aside of certain estate where appeal)—
In section 53 (procedure after end of accounting period)—
In section 55—
in subsection (2)—
In section 56J (effect of recall of sequestration)—
in subsection (1)—
In section 72 (regulations)—
Regulations under this Act may make different provision for different cases or classes of case.
in subsection (3)(a)—
section 5(2ZC), section 5(2ZD),
section 5C(2)(b), section 5D(1), section 32E(7),
section 71C(1) which contain provisions which add to, replace or omit any part of the text of an Act or an Act of the Scottish Parliament, paragraph 2(7) of Schedule A1,
In section 73(1) (interpretation)—
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In section 62 of the Debt Arrangement and Attachment (Scotland) Act 2002 (regulations and orders)—