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Bankruptcy (Scotland) Act 1985 (repealed)
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Changes over time for: Section 46
Version Superseded: 01/04/2008
Alternative versions:
- 01/02/1991- Amendment
- 01/04/1993- Amendment
- 01/07/1999
Point in time - 01/04/2008- Amendment
- 30/11/2016- Amendment
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Bankruptcy (Scotland) Act 1985 (repealed), Section 46 is up to date with all changes known to be in force on or before 14 November 2024.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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46 Provisions ancillary to sections 44 and 45.U.K.
(1)If the debtor or relevant person is residing—
(a)in Scotland, the sheriff may, on the application of the permanent trustee, grant a warrant which may be executed by a messenger-at-arms or sheriff officer anywhere in Scotland; or [F1to apprehend]
(b)in any other part of the United Kingdom, the Court of Session or the sheriff may, on the application of the permanent trustee, [F2grant a warrant for the arrest of]
F3. . . the debtor or relevant person and [F4to]have him taken to the place of the examination:
Provided that a warrant under [F5this subsection shall not be granted] unless the court is satisfied that it is necessary to do so to secure the attendance of the debtor or relevant person at the examination.
(2)If the debtor or a relevant person is for any good reason prevented from attending for examination, the sheriff may, without prejudice to subsection (3) below, grant a commission to take his examination (the commissioner being in this section and section 47 below referred to as an “examining commissioner”).
(3)The sheriff or the examining commissioner may at any time adjourn the examination to such day as the sheriff or the examining commissioner may fix.
(4)The sheriff or the examining commissioner may order the debtor or a relevant person to produce for inspection any document in his custody or control relating to the debtor’s assets, his dealings with them or his conduct in relation to his business or financial affairs, and to deliver the document or a copy thereof to the permanent trustee for further examination by him.
Textual Amendments
F1Words in s. 46(1)(a) added (1.4.1993, subject to savings in arts. 4, 5 of S.I. 1993/438) by 1993 c. 6, s. 11(3), Sch. 1 para. 20(2)(a) (with s. 12(6)); S.I. 1993/438, art.3
F2Words in s. 46(1)(b) substituted (1.4.1993, subject to savings in arts. 4, 5 of S.I. 1993/438) by 1993 c. 6, s. 11(3), Sch. 1 para. 20(2)(b) (with s. 12(6)); S.I. 1993/438, art.3
F3Words in s. 46(1) repealed (1.4.1993, subject to savings in arts. 4, 5 of S.I. 1993/438) by 1993 c. 6, s. 11(3), Sch. 1 para. 20(2)(c)(i), Sch.2 (with s. 12(6)); S.I. 1993/438, art.3
F4Word "to" in s. 46(1) inserted (1.4.1993, subject to savings in arts. 4, 5 of S.I. 1993/438) by 1993 c. 6, s. 11(3), Sch. 1 para. 20(2)(c)(ii) (with s. 12(6)); S.I. 1993/438, art.3
F5Words in the proviso to s. 46(1) substituted (1.4.1993, subject to savings in arts. 4, 5 of S.I. 1993/438) by 1993 c. 6, s. 11(3), Sch. 1 para. 20(3) (with s. 12(6)); S.I. 1993/438, art.3
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