- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/09/1994)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/04/2008
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Bankruptcy (Scotland) Act 1985 (repealed), Section 19 is up to date with all changes known to be in force on or before 10 September 2024.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.
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(1)Where the petitioner for sequestration is the debtor he shall, not later than 7 days after the appointment of the interim trustee (where he is not the Accountant in Bankruptcy), send to the interim trustee such statement of assets and liabilities as was lodged in court in pursuance of section 5(6A)(a) of this Act.
(2)Where the petitioner for sequestration is a creditor or a trustee acting under a trust deed, the debtor shall, not later than 7 days after having been notified by the interim trustee as mentioned in section 2(7) of this Act, send to the interim trustee a statement of assets and liabilities.
(3)If the debtor—
(a)fails to send to the interim trustee in accordance with subsection (1) or (2) above such statement of assets and liabilities; or
(b)fails to disclose any material fact in such statement of assets and liabilities; or
(c)makes a material misstatement in such statement of assets and liabilities,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 3 months or to both such fine and imprisonment.
(4)In any proceedings for an offence under subsection (3) above, it shall be a defence for the accused to show that he had a reasonable excuse for—
(a)failing to send to the interim trustee in accordance with subsection (1) or (2) above such statement of assets and liabilities; or
(b)failing to disclose a material fact; or
(c)making a material misstatement.]
Textual Amendments
F1S. 19 substituted (1.4.1993, subject to savings in arts. 4, 5 of S.I. 1993/438) by 1993 c. 6, s. 11(3), Sch. 1 para.7 (with s. 12(6)); S.I. 1993/438, art.3
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