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Bankruptcy (Scotland) Act 1985 (repealed)
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Changes over time for: Section 44
Version Superseded: 05/12/2005
Alternative versions:
- 01/02/1991- Amendment
- 29/05/2000
Point in time - 05/12/2005- Amendment
- 01/04/2008- Amendment
- 30/11/2016- Amendment
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Point in time view as at 29/05/2000. This version of this provision has been superseded.
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Bankruptcy (Scotland) Act 1985 (repealed), Section 44 is up to date with all changes known to be in force on or before 18 November 2024.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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44 Private examination.S
(1)The permanent trustee may request—
(a)the debtor to appear before him and to give information relating to his assets, his dealings with them or his conduct in relation to his business or financial affairs; or
(b)the debtor’s spouse or any other person who the permanent trustee believes can give such information (in this Act such spouse or other person being referred to as a “relevant person”), to give that information,
and, if he considers it necessary, the permanent trustee may apply to the sheriff for an order to be made under subsection (2) below.
(2)Subject to section 46(2) of this Act, on application to him under subsection (1) above the sheriff may make an order requiring the debtor or a relevant person to attend for private examination before him on a date (being not earlier than 8 days nor later than 16 days after the date of the order) and at a time specified in the order.
(3)A person who fails without reasonable excuse to comply with an order made under subsection (2) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 3 months or to both.
(4)Where the debtor is an entity whose estate may be sequestrated by virtue of section 6(1) of this Act, the references in this section and in sections 45 to 47 of this Act to the debtor shall be construed, unless the context otherwise requires, as references to a person representing the entity.
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