(1)This section applies where on any day (“the relevant day”)—
(a)sequestration is awarded in a case where [F1a debtor application was made],
(b)a warrant is granted under section 12(2) of this Act in a case where the petition was presented by a creditor or a trustee acting under a trust deed; or
(c)the debtor grants a trust deed,
F2and in this section “the office holder” means the interim trustee, the . . . trustee or the trustee acting under a trust deed, as the case may be.
(2)If a request falling within subsection (3) below is made for the giving after the relevant day of any of the supplies mentioned in subsection (4) below, the supplier—
(a)may make it a condition of the giving of the supply that the office holder personally guarantees the payment of any charges in respect of the supply; and
(b)shall not make it a condition of the giving of the supply, or do anything which has the effect of making it a condition of the giving of the supply, that any outstanding charges in respect of a supply given to the debtor before the relevant day are paid.
(3)A request falls within this subsection if it is made—
(a)by or with the concurrence of the office holder; and
(b)for the purposes of any business which is or has been carried on by or on behalf of the debtor.
(4)The supplies referred to in subsection (2) above are—
(a)a supply of gas by [F3a [F4gas supplier] within the meaning of Part I of the Gas Act 1986];
(b)a supply of electricity by [F5a [F6electricity supplier] within the meaning of Part I of the Electricity Act 1989];
(c)a supply of water by [F7Scottish Water];
[F8(d)a supply of communications services by a provider of a public electronic communications service.]
[F9(5)In subsection (4), “communications services” do not include electronic communications services to the extent that they are used to broadcast or otherwise transmit programme services (within the meaning of the Communications Act 2003).]
Textual Amendments
F1Words in s. 70(1)(a) substituted (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 36, 227(3), Sch. 1 para. 59 (with s. 223); S.S.I. 2008/115, art. 3(1)(i) (with arts. 4-6, 10 (as amended (with effect from 31.1.2011) by S.S.I. 2011/31, art. 5))
F2Word in s. 70 repealed (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss 226, 227(3), Sch. 6 Pt. 1 (with s. 223); S.S.I. 2008/115, art. 3(2)(3), Sch. 2 (with arts. 4-6, 10 (as amended (with effect from 31.1.2011) by S.S.I. 2011/31, art. 5))
F3Words substituted by Gas Act 1986 (c. 44, SIF 44:2), ss. 3, 67(1)(3), Sch. 7 para. 32, Sch. 8 para. 33
F4Words in s. 70(4)(a) substituted (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 13; S.I. 1996/218, art. 2
F5Words substituted by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 32, Sch. 17 paras. 33, 35(1)
F6Words in s. 70(4)(b) substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. III para. 46; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)
F7Words in s. 70(4)(c) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp. 3), s. 71, Sch. 7 para. 16; S.I. 2002/118, art. 2(3)
F8S. 70(4)(d) substituted (25.7.2003 for specified purposes and 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 411(2)(3), Sch. 17 para. 78(2); S.I. 2003/1900, arts. 2(1), 3(1), Sch. 1, (with transitional provisions in arts. 3-6 (as amended by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2), (with art. 11)
F9S. 70(5) substituted (25.7.2003 for specified purposes and 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 411(2)(3), Sch. 17 para. 78(2); S.I. 2003/1900, arts. 2(1), 3(1), Sch. 1, (with transitional provisions in arts. 3-6 (as amended by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2), (with art. 11)
Modifications etc. (not altering text)
C1S. 70(1)(b) applied (with modifications) (6.6.2013) by The Collective Investment in Transferable Securities (Contractual Scheme) Regulations 2013 (S.I. 2013/1388), regs. 1, 19(2)(b)(iv) (with reg. 24)