The Gender Recognition (Disclosure of Information) (Scotland) Order 2005

Insolvency and Bankruptcy

7.—(1) It is not an offence under section 22 of the Act to disclose protected information if–

(a) the disclosure is made by or to a relevant officeholder;

(b) the disclosure is necessary for the relevant officeholder to perform functions under the Bankruptcy (Scotland) Act 1985(1), the 1986 Act, the Company Directors Disqualification Act 1986(2), the 1989 Order, and the Company Directors Disqualification (Northern Ireland) Order 2002(3); and

(c) if the person making the disclosure knows or believes that a full gender recognition certificate has been issued to the subject, that information.

(2) For the purposes of this article “relevant officeholder” means–

(a) The Accountant in Bankruptcy, or any interim or permanent trustee or trustee acting under a trust deed for creditors within the meaning given by the Bankruptcy (Scotland) Act 1985;

(b) the official receiver within the meaning given by section 399(1) of the 1986 Act or article 2 of the 1989 Order, in whatever capacity the official receiver is acting; or

(c) a person acting as an insolvency practitioner within the meaning given by section 388 of the 1986 Act or article 3 of the 1989 Order.

(1)

1985 c. 66 as amended by the Bankruptcy (Scotland) Act 1993 (c. 6).

(2)

1986 c. 46.

(3)

S.I. 2002/3150 (N.I. 14).