Bankruptcy and Diligence etc. (Scotland) Act 2007

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.”.