(1)The petitioner is, on the day the petition for sequestration is presented under section 2, 5 or 6, to send a copy of the petition to AiB.
(2)A petition for the sequestration of the estate of a debtor (other than a limited partnership or a deceased debtor) may be presented—
(a)by a qualified creditor or qualified creditors only if the apparent insolvency founded on in the petition was constituted within 4 months before the date of presentation of the petition, or
(b)at any time by—
(i)a trustee acting under a trust deed,
F1(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)A petition for the sequestration of the estate of a limited partnership may be presented—
(a)by a qualified creditor or qualified creditors only if the apparent insolvency founded on in the petition was constituted within 4 months (or such other period as may be prescribed) before the date of presentation of the petition, or
(b)at any time by—
(i)a trustee acting under a trust deed,
F2(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)A petition for the sequestration of the estate of a deceased debtor may be presented—
(a)by a qualified creditor or qualified creditors—
(i)in a case where the apparent insolvency of the debtor founded on in the petition was constituted within 4 months before the date of death, at any time, and
(ii)in any other case (whether or not apparent insolvency has been constituted), not earlier than 6 months after the date of death, or
(b)at any time by—
(i)a person entitled to be appointed as executor of the estate, [F3or]
(ii)a trustee acting under a trust deed,
F4(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)The presentation of a petition for sequestration bars the effect of any enactment or rule of law relating to the limitation of actions.
(6)Where, before sequestration is awarded, it becomes apparent that a petitioning creditor was ineligible to petition, that person must withdraw, or as the case may be withdraw from, the petition; but another creditor may be sisted in that person's place.
Textual Amendments
F1S. 13(2)(b)(ii)(iii) omitted (31.12.2020) by virtue of The Insolvency (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/94), regs. 1, 4(7)(a) (with reg. 9) (as amended by S.S.I. 2020/337, regs. 1, 2); 2020 c. 1, Sch. 5 para. 1(1)
F2S. 13(3)(b)(ii)(iii) omitted (31.12.2020) by virtue of The Insolvency (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/94), regs. 1, 4(7)(b) (with reg. 9) (as amended by S.S.I. 2020/337, regs. 1, 2); 2020 c. 1, Sch. 5 para. 1(1)
F3Word in s. 13(4) inserted (31.12.2020) by The Insolvency (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/94), regs. 1, 4(7)(c)(i) (with reg. 9) (as amended by S.S.I. 2020/337, regs. 1, 2); 2020 c. 1, Sch. 5 para. 1(1)
F4S. 13(4)(b)(iii)(iv) omitted (31.12.2020) by virtue of The Insolvency (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/94), regs. 1, 4(7)(c)(ii) (with reg. 9) (as amended by S.S.I. 2020/337, regs. 1, 2); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1S. 13 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2