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Bankruptcy (Scotland) Act 1985 (repealed)
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Changes over time for: Section 59C
Version Superseded: 30/11/2016
Alternative versions:
- 08/09/2003- Amendment
- 01/04/2008- Amendment
- 01/04/2015- Amendment
- 01/04/2015
Point in time - 30/11/2016- Amendment
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Bankruptcy (Scotland) Act 1985 (repealed), Section 59C is up to date with all changes known to be in force on or before 02 December 2024.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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[F159C[F2Power of Accountant in Bankruptcy]S
[F3(1)The Accountant in Bankruptcy may, after considering an application for conversion of a protected trust deed into a sequestration, make such order as the Accountant in Bankruptcy thinks fit.]
(2)If the [F4Accountant in Bankruptcy] makes an order for conversion into sequestration the order may contain all such consequential provisions as the [F4Accountant in Bankruptcy] deems necessary or desirable.
[F5(2A)The provisions of this Act shall apply to an order made by the [F6Accountant in Bankruptcy] under subsection (1) above as if it was a determination by the Accountant in Bankruptcy of a debtor application under section 12(1) of this Act and in relation to which the member State liquidator was a concurring creditor.]
(3)Where the [F7Accountant in Bankruptcy] makes an order for conversion into sequestration under sub-section (1) above, any expenses properly incurred as expenses of the administration of the trust deed in question shall be a first charge on the debtor’s estate.]
Textual Amendments
F1Ss. 59A-59C inserted (8.9.2003) by The Insolvency (Scotland) Regulations 2003 (S.I. 2003/2109), reg. 16
F2S. 59C heading substituted (1.4.2015) by Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), ss. 34(4), 57(2); S.S.I. 2014/261, art. 3 (with arts. 4-7, 12) (as amended by S.S.I. 2015/54, art. 2)
F3S. 59C(1) substituted (1.4.2015) by Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), ss. 34(5)(a), 57(2); S.S.I. 2014/261, art. 3 (with arts. 4-7, 12) (as amended by S.S.I. 2015/54, art. 2)
F4Words in s. 59C(2) substituted (1.4.2015) by Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), ss. 34(5)(b), 57(2); S.S.I. 2014/261, art. 3 (with arts. 4-7, 12) (as amended by S.S.I. 2015/54, art. 2)
F5S. 59C(2A) inserted (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 32, 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))
F6Words in s. 59C(2A) substituted (1.4.2015) by Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), ss. 34(5)(b), 57(2); S.S.I. 2014/261, art. 3 (with arts. 4-7, 12) (as amended by S.S.I. 2015/54, art. 2)
F7Words in s. 59C(3) substituted (1.4.2015) by Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), ss. 34(5)(b), 57(2); S.S.I. 2014/261, art. 3 (with arts. 4-7, 12) (as amended by S.S.I. 2015/54, art. 2)
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