Bankruptcy (Scotland) Act 1985 (repealed)

Valid from 01/04/2008

[F1 56F Interim bankruptcy restrictions order S

(1) This section applies at any time between—

(a) the making of an application for a bankruptcy restrictions order; and

(b) the determination of the application.

(2) The sheriff may make an interim bankruptcy restrictions order if he thinks that—

(a) there are prima facie grounds to suggest that the application for the bankruptcy restrictions order will be successful; and

(b) it is in the public interest to make an interim order.

(3) An interim order may be made only on the application of the Accountant in Bankruptcy.

(4) An interim order—

(a) shall have the same effect as a bankruptcy restrictions order; and

(b) shall come into force when it is made.

(5) An interim order shall cease to have effect—

(a) on the determination of the application for the bankruptcy restrictions order;

(b) on the acceptance of a bankruptcy restrictions undertaking made by the debtor; or

(c) if the sheriff discharges the interim order on the application of the Accountant in Bankruptcy or of the debtor.

(6) Where a bankruptcy restrictions order is made in respect of a debtor who is subject to an interim order, section 56E(2) of this Act shall have effect in relation to the bankruptcy restrictions order as if the reference to the date on which the order is made were a reference to the date on which the interim order was made.]

Textual Amendments

F1 Ss. 56A-56K and preceding cross-heading inserted (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 2(1), 227(3) (with s. 223); S.S.I. 2008/115, art. 3(1)(a) (with arts. 4-6, 10 (as amended (with effect from 31.1.2011) by S.S.I. 2011/31, art. 5))