Search Legislation

The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Paragraph 6

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016, Paragraph 6. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Companies Act 1989U.K.

This section has no associated Explanatory Memorandum

6.—(1) The Companies Act 1989(1) is amended as follows.

(2) In section 159(2) (proceedings of exchange or clearing house take precedence over insolvency procedures)(2), for “1985” substitute “2016”.

(3) In section 161 (supplementary provisions as to default proceedings)—

(a)in subsection (2), for “permanent trustee on the sequestrated” substitute “trustee in the sequestration of the”; and

(b)in subsection (4), for “1985” substitute “2016”.

(4) In section 163(3) (net sum payable on completion of default proceedings)(3), for “73(1) of the Bankruptcy (Scotland) Act 1985” substitute “22(7) of the Bankruptcy (Scotland) Act 2016”.

(5) In section 164 (disclaimer of property, rescission of contracts etc.)—

(a)in subsection (2)—

(i)for “permanent trustee on the sequestrated” substitute “trustee in the sequestration of the”; and

(ii)for “42 of the Bankruptcy (Scotland) Act 1985” substitute “110 of the Bankruptcy (Scotland) Act 2016”; and

(b)in subsection (3), in the words before paragraph (a)(4)—

(i)for “32(8) of the Bankruptcy (Scotland) Act 1985” substitute “87(4) of the Bankruptcy (Scotland) Act 2016”; and

(ii)omit “permanent”.

(6) In section 165(2)(a) (adjustment of prior transactions), for “34 or 36 of the Bankruptcy (Scotland) Act 1985” substitute “98 or 99 of the Bankruptcy (Scotland) Act 2016”.

(7) In section 175(4) (administration orders etc.)—

(i)for “32(8) of the Bankruptcy (Scotland) Act 1985” substitute “87(4) of the Bankruptcy (Scotland) Act 2016”; and

(ii)omit “permanent”.

(8) In section 180(2) (proceedings against market property by unsecured creditors), for “1985” substitute “2016”.

(9) In section 182(2) (powers of court in relation to certain proceedings begun before commencement), for “1985” substitute “2016”.

(10) In section 189(1)(c) (meaning of “relevant office-holder”)—

(a)for “1985” substitute “2016”; and

(b)for “permanent” substitute “trustee”.

(11) In section 190 (minor definitions)—

(a)in subsection (1)(5)—

(i)for the definition of ““interim trustee” and “permanent trustee”” substitute—

“interim trustee” has the same meaning as in the Bankruptcy (Scotland) Act  2016; and

(ii)after the definition of ““recognised central counterparty”, “recognised clearing house” and “recognised investment exchange”” insert—

“sequestration” means sequestration under the Bankruptcy (Scotland) Act 2016;;

(b)in subsection (6)(a)(6), for “1985” substitute “2016”; and

(c)in subsection (7)(b), for “or permanent trustee” substitute “trustee or to a trustee in the sequestration of an estate”.

(12) In section 191 (index of defined expressions), in the table(7)—

(a)omit the entry relating to “permanent trustee”; and

(b)for the entry relating to “trustee, interim or permanent (in relation to Scotland)” substitute—

interim trustee and trustee in the sequestration of an estate (in relation to Scotland)section 190(1) and (7)(b)

Commencement Information

I1Sch. 1 para. 6 in force at 30.11.2016, see art. 1

(2)

Section 159(2) was amended by S.I. 2013/504, regulation 4(6)(c).

(3)

Section 163(3) was amended by S.I. 2009/853, regulation 2(7)(b).

(4)

Section 164(3) was amended by S.I. 2009/853, regulation 2(8).

(5)

Section 190(1) was amended by S.I. 2001/3649, article 89, the Financial Services Act 2012 (c.21), Schedule 18, paragraph 70, S.I. 2013/504, regulation 4(18)(b)(i) and S.I. 2013/1908, regulation 2(12).

(6)

Section 190(6) was substituted by S.I. 2013/504, regulation 4(18)(e).

(7)

The table was substituted by S.I. 2013/504, Schedule 1, paragraph 1.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources