Bankruptcy (Scotland) Act 1985 (repealed)

[F1 56E Duration of order and application for annulment S

(1) A bankruptcy restrictions order—

(a) shall come into force when it is made; and

(b) shall cease to have effect at the end of the date specified in the order.

[F2 (2) The date specified in a bankruptcy restrictions order under subsection (1)(b)—

(a) in the case of an order made by the Accountant in Bankruptcy—

(i) must not be before the end of the period of 2 years beginning with the date on which the order is made, but

(ii) must be before the end of the period of 5 years beginning with that date, and

(b) in the case of an order made by the sheriff must not be—

(i) before the end of the period of 5 years beginning with the date on which the order is made, or

(ii) after the end of the period of 15 years beginning with that date.]

(3) On an application by the debtor the [F3 person mentioned in subsection (4)] may—

(a) annul a bankruptcy restrictions order; or

(b) vary such an order, including providing for such an order to cease to have effect at the end of a date earlier than the date specified in the order under subsection (1)(b) above.

[F4 (4) The person is—

(a) in the case of a bankruptcy restrictions order made by the Accountant in Bankruptcy, the Accountant in Bankruptcy, and

(b) in the case of a bankruptcy restrictions order made by the sheriff, the sheriff.

(5) If an application under subsection (3) is made to the Accountant in Bankruptcy, the Accountant in Bankruptcy must—

(a) take into account any representations made by an interested person before the expiry of the period of 21 days beginning with the day on which the application is made, and

(b) confirm, amend or revoke the decision before the expiry of the period of 28 days beginning with the day on which the application is made.

(6) The debtor may appeal to the sheriff against any decision of the Accountant in Bankruptcy under subsection (5)(b) before the end of the period of 14 days beginning with the date of the decision.

(7) The sheriff may—

(a) in determining such an appeal, or

(b) otherwise on an application by the Accountant in Bankruptcy,

make an order providing that the debtor may not make another application under subsection (3) for such period as may be specified in the order.]]

Textual Amendments

F1 Ss. 56A-56K and preceding cross-heading inserted (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 2(1), 227(3) (with s. 223); S.S.I. 2008/115, art. 3(1)(a) (with arts. 4-6, 10 (as amended (with effect from 31.1.2011) by S.S.I. 2011/31, art. 5))

F2 S. 56E(2) substituted (1.4.2015) by Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), ss. 33(6)(a), 57(2); S.S.I. 2014/261, art. 3 (with arts. 4-7, 12) (as amended by S.S.I. 2015/54, art. 2)

F3 Words in s. 56E(3) substituted (1.4.2015) by Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), ss. 33(6)(b), 57(2); S.S.I. 2014/261, art. 3 (with arts. 4-7, 12) (as amended by S.S.I. 2015/54, art. 2)

F4 S. 56E(4)-(7) inserted (1.4.2015) by Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), ss. 33(6)(c), 57(2); S.S.I. 2014/261, art. 3 (with arts. 4-7, 12) (as amended by S.S.I. 2015/54, art. 2)