The debtor
4.—(1) The debtor who grants the trust deed must do so for a single estate and must be—
(a)a living individual;
(b)a partnership;
(c)a limited partnership (within the meaning of the Limited Partnerships Act 1907(1));
(d)a trust;
(e)a corporate body; or
(f)an unincorporated body of persons.
(2) The debtor must not be—
(a)a debtor whose estate has been sequestrated and the trustee in the sequestration has not been discharged under section 57 or 58A(2) of the Act; or
(b)an entity referred to in section 6(2) of the Act.
(3) The total amount of the debtor’s debts (including interest) at the date on which the debtor grants the trust deed must be not less than £5,000.
Section 58A was inserted by the Bankruptcy (Scotland) Act 1993 (c.6), Schedule 1, paragraph 16.