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Bankruptcy (Scotland) Act 1985 (repealed)
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Changes over time for: Section 56G
Version Superseded: 01/04/2015
Alternative versions:
- 01/04/2008- Amendment
- 01/07/2011
Point in time - 01/04/2015- Amendment
- 30/11/2016- Amendment
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Bankruptcy (Scotland) Act 1985 (repealed), Section 56G is up to date with all changes known to be in force on or before 28 December 2024.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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[F156GBankruptcy restrictions undertakingS
(1)A living debtor who is not subject to a bankruptcy restrictions order may offer an undertaking (known as a “bankruptcy restrictions undertaking”) to the Accountant in Bankruptcy.
(2)In determining whether to accept a bankruptcy restrictions undertaking, the Accountant in Bankruptcy shall have regard to the matters specified in section 56B(2) and (3) of this Act.
(3)A bankruptcy restrictions undertaking—
(a)shall take effect on being accepted by the Accountant in Bankruptcy; and
(b)shall cease to have effect at the end of the date specified in the undertaking.
(4)The date specified under subsection (3)(b) above must not be—
(a)before the end of the period of 2 years beginning with the date on which the undertaking is accepted; or
(b)after the end of the period of 15 years beginning with that date.
(5)On an application by the debtor the sheriff may—
(a)annul a bankruptcy restrictions undertaking; or
(b)vary such an undertaking, including providing for a bankruptcy restrictions undertaking to cease to have effect at the end of a date earlier than the date specified in the undertaking under subsection (3)(b) above.]
Textual Amendments
F1Ss. 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))
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