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Bankruptcy (Scotland) Act 2016, Section 40 is up to date with all changes known to be in force on or before 09 November 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)If a debtor—
(a)fails without reasonable excuse to comply with a direction under subsection (1), (6)(b), (7)(b) or (9)(b), or a requirement under subsection (2)(a), (c) or (f), of section 39, or
(b)obstructs the interim trustee where the interim trustee is acting in pursuance of subsection (4)(a) of that section,
then the debtor commits an offence.
(2)A person who commits an offence under subsection (1) is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum, or—
(i)in a case where the person has previously been convicted of an offence inferring dishonest appropriation of property or an attempt at dishonest appropriation of property, to imprisonment for a term not exceeding 6 months, or
(ii)in any other case, to imprisonment for a term not exceeding 3 months,
or both to a fine not exceeding the statutory maximum and to such imprisonment as is mentioned, in relation to the case in question, in sub-paragraph (i) or (ii), or
(b)on conviction on indictment—
(i)to a fine, or
(ii)to imprisonment for a term not exceeding 2 years,
or both to a fine and to such imprisonment.
Commencement Information
I1S. 40 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2
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