Bankruptcy (Scotland) Act 1993 (repealed)

Valid from 01/04/1993

1 Accountant in Bankruptcy. S

(1) In the M1 Bankruptcy (Scotland) Act 1985 (in this Act referred to as “the 1985 Act”), for section 1 (functions of the Accountant in Bankruptcy) there shall be substituted the following sections—

“1 Accountant in Bankruptcy.

(1) The Accountant in Bankruptcy shall be appointed by the Secretary of State on such terms and conditions as the Secretary of State may, with the approval of the Treasury, determine.

(2) The Accountant in Bankruptcy shall have such staff appointed by the Secretary of State on such terms and conditions as the Secretary of State may, with the approval of the Treasury, determine.

(3) The Secretary of State may appoint a member of the staff to be Depute Accountant in Bankruptcy to exercise all of the functions of the Accountant in Bankruptcy at any time when the Accountant in Bankruptcy is unable to do so.

(4) The Secretary of State may pay to the Accountant in Bankruptcy and his staff such remuneration and allowances as the Secretary of State may, with the approval of the Treasury, determine.

(5) The Secretary of State may, with the approval of the Treasury, make such arrangements as he considers appropriate for the provision of superannuation, pensions or gratuities for the Accountant in Bankruptcy and his staff.

1A Supervisory functions of the Accountant in Bankruptcy.

(1) The Accountant in Bankruptcy shall have the following general functions in the administration of sequestration and personal insolvency—

(a) the supervision of the performance by—

(i) interim trustees (not being the Accountant in Bankruptcy);

(ii) permanent trustees; and

(iii) commissioners, of the functions conferred on them by this Act or any other enactment (including an enactment contained in subordinate legislation) or any rule of law and the investigation of any complaints made against them;

(b) the maintenance of a register (in this Act referred to as the “register of insolvencies”), in such form as may be prescribed by the Court of Session by act of sederunt, which shall contain particulars of—

(i) estates which have been sequestrated; and

(ii) trust deeds which have been sent to him for registration under paragraph 5(1)(e) of Schedule 5 to this Act;

(c) the preparation of an annual report which shall be presented to the Secretary of State and the Court of Session and shall contain—

(i) statistical information relating to the state of all sequestrations of which particulars have been registered in the register of insolvencies during the year to which the report relates;

(ii) particulars of trust deeds registered as protected trust deeds in that year; and

(iii) particulars of the performance of the Accountant in Bankruptcy’s functions under this Act; and

(d) such other functions as may from time to time be conferred on him by the Secretary of State.

(2) If it appears to the Accountant in Bankruptcy that a person mentioned in paragraph (a) of subsection (1) above has failed without reasonable excuse to perform a duty imposed on him by any provision of this Act or by any other enactment (including an enactment contained in subordinate legislation) or by any rule of law, he shall report the matter to the court which, after hearing that person on the matter, may remove him from office or censure him or make such other order as the circumstances of the case may require.

(3) Where the Accountant in Bankruptcy has reasonable grounds to suspect that an offence has been committed—

(a) by a person mentioned in paragraph (a) of subsection (1) above in the performance of his functions under this Act or any other enactment (including an enactment contained in subordinate legislation) or any rule of law; or

(b) in relation to a sequestration, by the debtor in respect of his assets, his dealings with them or his conduct in relation to his business or financial affairs; or

(c) in relation to a sequestration, by a person other than the debtor in that person’s dealings with the debtor, the interim trustee or the permanent trustee in respect of the debtor’s assets, business or financial affairs,

he shall report the matter to the Lord Advocate.

(4) The Accountant in Bankruptcy shall—

(a) make the register of insolvencies, at all reasonable times, available for inspection; and

(b) provide any person, on request, with a certified copy of any entry in the register.

1B Performance of certain functions of the Accountant in Bankruptcy.

(1) The functions of the Accountant in Bankruptcy, other than functions conferred by section 1A of this Act, may be carried out on his behalf by any member of his staff authorised by him to do so.

(2) Without prejudice to subsection (1) above, the Accountant in Bankruptcy may appoint on such terms and conditions as he considers appropriate such persons as he considers fit to perform on his behalf any of his functions in respect of the sequestration of the estate of any debtor.

(3) A person appointed under subsection (2) above shall comply with such general or specific directions as the Accountant in Bankruptcy may from time to time give to such person as to the performance of his functions in relation to any sequestration.

(4) The Accountant in Bankruptcy may pay to a person appointed under subsection (2) above such fee as he may consider appropriate.

1C Directions.

(1) The Secretary of State may, after consultation with the Lord President of the Court of Session, give to the Accountant in Bankruptcy general directions as to the performance of his functions under this Act.

(2) Directions under this section may be given in respect of all cases or any class or description of cases, but may not be given in respect of any particular case.

(3) The Accountant in Bankruptcy shall comply with any directions given to him under this section.”

(2) When a person is first appointed to be the Accountant in Bankruptcy under section 1 of the 1985 Act as inserted by subsection (1) above, the Accountant of Court shall cease to be the Accountant in Bankruptcy.

(3) On such appointment—

(a) the Accountant of Court shall deliver to the Accountant in Bankruptcy all registers, records, documents and other material in his possession relating to the functions of the Accountant in Bankruptcy before the commencement of this section; and

(b) there shall be transferred to and vest in the Accountant in Bankruptcy all property, rights, liabilities, functions and responsibilities of the Accountant of Court which, immediately before the commencement of this section, were vested in the Accountant of Court in connection with his functions in the administration of sequestrations and personal insolvency under the M2 Bankruptcy (Scotland) Act 1913 or, in his capacity as Accountant in Bankruptcy, under the 1985 Act.

Marginal Citations

M1 1985 c. 66.

M2 1913 c. 20.

Valid from 01/04/1993

2 Appointment and functions of interim trustee. S

For section 2 of the 1985 Act (interim trustee) there shall be substituted the following section—

“2 Appointment and functions of interim trustee.

(1) Where the court awards sequestration of the debtor’s estate and the petition for the sequestration—

(a) nominates a person to be interim trustee;

(b) states that the person satisfies the conditions mentioned in subsection (3) below; and

(c) has annexed to it a copy of the undertaking mentioned in subsection (3)(c) below,

the court may, if it appears to the court that the person satisfies those conditions and if no interim trustee has been appointed in pursuance of subsection (5) below, appoint that person to be interim trustee in the sequestration.

(2) Where the court awards sequestration of the debtor’s estate and—

(a) it does not appoint a person to be interim trustee in pursuance of subsection (1) above; and

(b) no interim trustee has been appointed in pursuance of subsection (5) below,

the court shall appoint the Accountant in Bankruptcy to be interim trustee in the sequestration.

(3) The conditions referred to in subsection (1) above are that the person—(a) resides within the jurisdiction of the Court of Session;(b) is qualified to act as an insolvency practitioner; and(c) has given an undertaking, in writing, that he will act— (i) as interim trustee; and (ii) where no permanent trustee is elected, as permanent trustee,in the sequestration.

(4) The interim trustee’s general functions shall be—

(a) to safeguard the debtor’s estate pending the appointment of a permanent trustee under this Act;

(b) to ascertain the reasons for the debtor’s insolvency and the circumstances surrounding it;

(c) to ascertain the state of the debtor’s liabilities and assets;

(d) to administer the sequestration process pending the appointment of a permanent trustee; and

(e) whether or not he is still acting in the sequestration, to supply the Accountant in Bankruptcy with such information as the Accountant in Bankruptcy considers necessary to enable him to discharge his functions under this Act.

(5) Where a petition for sequestration is presented by a creditor or a trustee acting under a trust deed, the court may appoint an interim trustee before sequestration is awarded—

(a) if the debtor consents; or

(b) if the trustee acting under the trust deed or any creditor shows cause.

(6) For the purposes of the appointment of an interim trustee under subsection (5) above—

(a) where a person is nominated as mentioned in subsection (1)(a) above and the provisions of that subsection apply, the court may appoint that person; and

(b) where such a person is not appointed, the court shall appoint the Accountant in Bankruptcy.

(7) Where the petition for sequestration was presented by a creditor or the trustee acting under a trust deed, the interim trustee shall, as soon as practicable, notify the debtor of his appointment.”

Valid from 01/04/1993

3 Petitions for sequestration. S

(1) Section 5 of the 1985 Act (procedure for the sequestration of the estate of a living debtor) shall be amended as follows.

(2) For subsection (2) (persons who may petition) there shall be substituted the following subsections—

“(2) The sequestration of the estate of a living debtor shall be on the petition of—

(a) the debtor, if either subsection (2A) or (2B) below applies to him;

(b) a qualified creditor or qualified creditors, if the debtor is apparently insolvent; or

(c) the trustee acting under a trust deed if, and only if, one or more of the conditions in subsection (2C) below is satisfied.

(2A) This subsection applies to the debtor if a qualified creditor or qualified creditors concur in the petition.

(2B) This subsection applies to the debtor where—

(a) the total amount of his debts (including interest) at the date of presentation of the petition is not less than £1,500;

(b) an award of sequestration has not been made against him in the period of 5 years ending on the day before the date of presentation of the petition; and

(c) the debtor either—

(i) is apparently insolvent; or

(ii) has granted a trust deed and the trustee has complied with the requirements of sub-sub-paragraphs (a) to (c) of paragraph 5(1) of Schedule 5 to this Act but has received notification as mentioned in sub-sub-paragraph (d) of that paragraph, and for the purposes of this paragraph a debtor shall not be apparently insolvent by reason only that he has granted a trust deed or that he has given notice to his creditors as mentioned in paragraph (b) of section 7(1) of this Act.

(2C) The conditions mentioned in subsection (2)(c) above are—

(a) that the debtor has failed to comply—

(i) with any obligation imposed on him under the trust deed with which he could reasonably have complied; or

(ii) with any instruction or requirement reasonably given to or made of him by the trustee for the purposes of the trust deed; or

(b) that the trustee avers in his petition that it would be in the best interests of the creditors that an award of sequestration be made.”

(3) In subsection (4) delete “£750” where it appears and substitute “ £1,500 ”.

(4) After subsection (4) there shall be inserted the following subsection—

“(4A) In this Act, “trust deed” means a voluntary trust deed granted by or on behalf of the debtor whereby his estate (other than such of his estate as would not, under section 33(1) of this Act, vest in the permanent trustee if his estate were sequestrated) is conveyed to the trustee for the benefit of his creditors generally.”

(5) In subsection (6) (copy of petition to be sent to the Accountant in Bankruptcy) for the words from “send” to “section” there shall be substituted the words “ , on the day the petition for sequestration is presented under this section, send a copy of the petition ”.

(6) After subsection (6) there shall be inserted the following subsection—

“(6A) Where the petitioner is the debtor—

(a) he shall lodge with the petition a statement of assets and liabilities; and

(b) he shall, on the day the petition is presented, send to the Accountant in Bankruptcy such statement of assets and liabilities as was lodged in court in pursuance of paragraph (a) above.”

(7) After subsection (8) there shall be inserted the following subsections—

“(9) If the debtor—

(a) fails to send to the Accountant in Bankruptcy in accordance with subsection (6A)(b) above such statement of assets and liabilities; or

(b) fails to disclose any material fact in such statement of assets and liabilities; or

(c) makes a material misstatement in such statement of assets and liabilities,

he 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 such fine and imprisonment.

(10) In any proceedings for an offence under subsection (9) above, it shall be a defence for the accused to show that he had a reasonable excuse for—

(a) failing to send to the Accountant in Bankruptcy in accordance with subsection (6A)(b) above such statement of assets and liabilities; or

(b) failing to disclose a material fact; or

(c) making a material misstatement.”

Valid from 01/04/1993

4 Award of sequestration. S

(1) Section 12 of the 1985 Act (when sequestration is awarded) shall be amended as follows.

(2) For subsection (1) there shall be substituted the following subsection—

“(1) Where a petition for the sequestration of his estate is presented by the debtor, unless cause is shown why sequestration cannot competently be awarded, the court shall award sequestration forthwith if it is satisfied—

(a) that the petition has been presented in accordance with the provisions of this Act;

(b) that either subsection (2A) or (2B) of section 5 of this Act applies to the debtor; and

(c) that the provisions of subsections (6) and (6A) of that section have been complied with.”

(3) After subsection (1) there shall be inserted the following subsection—

“(1A) Where a petition is presented as mentioned in subsection (1) above, the Accountant in Bankruptcy may, not later than 7 days after the date on which sequestration is awarded, apply to the court for the grant of a certificate for the summary administration of the sequestration of the debtor’s estate.”

(4) For subsection (3) there shall be substituted the following subsections—

“(3) Where, on a petition for sequestration presented by a creditor or a trustee acting under a trust deed, the court is satisfied—

(a) that, if the debtor has not appeared, proper citation has been made of the debtor;

(b) that the petition has been presented in accordance with the provisions of this Act;

(c) that the provisions of subsection (6) of section 5 of this Act have been complied with;

(d) that, in the case of a petition by a creditor, the requirements of this Act relating to apparent insolvency have been fulfilled; and

(e) that, in the case of a petition by a trustee, the averments in his petition as to any of the conditions in subsection (2C) of the said section 5 are true,

it shall, subject to subsection (3A) below, award sequestration forthwith.

(3A) Sequestration shall not be awarded in pursuance of subsection (3) above if—

(a) cause is shown why sequestration cannot competently be awarded; or

(b) the debtor forthwith pays or satisfies, or produces written evidence of the payment or satisfaction of, or gives or shows that there is sufficient security for the payment of—

(i) the debt in respect of which he became apparently insolvent; and

(ii) any other debt due by him to the petitioner and any creditor concurring in the petition.”

(5) For subsection (4) there shall be substituted the following subsection—

“(4) In this Act “the date of sequestration” means—

(a) where the petition for sequestration is presented by the debtor, the date on which sequestration is awarded;

(b) where the petition for sequestration is presented by a creditor or a trustee acting under a trust deed—

(i) the date on which the court grants warrant under subsection (2) above to cite the debtor; or

(ii) where more than one such warrant is granted, the date on which the first such warrant is granted.”

Valid from 01/04/1993

5 Calling of statutory meeting. S

After section 21 of the 1985 Act there shall be inserted the following sections—

“21A Calling of statutory meeting where interim trustee is Accountant in Bankruptcy.

(1) Subject to subsections (5) and (6) below, where the interim trustee is the Accountant in Bankruptcy, the statutory meeting may be held at such time and place as the interim trustee may determine.

(2) Not later than 60 days after the date of the sequestration, or such longer period as the sheriff may on cause shown allow, the interim trustee shall give notice to every creditor known to him of whether he intends to call the statutory meeting.

(3) A notice given under subsection (2) above shall—

(a) be accompanied by a copy of the interim trustee’s statement of the debtor’s affairs; and

(b) where the interim trustee is notifying his intention not to hold the statutory meeting, inform creditors—

(i) of the effect of subsections (4) and (5) below; and

(ii) whether he intends to apply for the grant of a certificate for the summary administration of the sequestration of the debtor’s estate.

(4) Within 7 days of the giving of notice under subsection (2) above, any creditor may request the interim trustee to call the statutory meeting.

(5) Where a request or requests under subsection (4) above are made by not less than one quarter in value of the debtor’s creditors, the interim trustee shall call the statutory meeting not later than 28 days, or such other period as the sheriff may on cause shown allow, after the giving of notice under subsection (2) above.

(6) Where the interim trustee gives notice under subsection (2) above that he intends to call the statutory meeting, such meeting shall be called not later than 28 days after the giving of such notice.

(7) Not less than 7 days before the date fixed for the statutory meeting, the interim trustee shall notify every creditor known to him of the date, time and place of the meeting, and shall in such notice invite the submission of such claims as have not already been submitted and inform them of his duties under section 23(3) of this Act.

(8) The creditors may continue the statutory meeting to a date not later than 7 days after the end of the period mentioned in subsection (6) above or such longer period as the sheriff may on cause shown allow.

(9) This section applies in any case where the Accountant in Bankruptcy is the interim trustee.

21B Procedure where no statutory meeting called.

(1) Where the interim trustee does not call the statutory meeting and the period mentioned in section 21A(4) of this Act has expired, he shall—

(a) forthwith make a report to the sheriff on the circumstances of the sequestration; and

(b) provide to the sheriff a copy of the interim trustee’s statement of the debtor’s affairs.

(2) In the case of a sequestration which falls within subsection (1) above—

(a) section 25A of this Act shall apply; and

(b) the interim trustee may apply to the sheriff for the grant of a certificate for the summary administration of the sequestration of the debtor’s estate.”

Valid from 01/04/1993

6 Summary administration. S

(1) After section 23 of the 1985 Act, there shall be inserted the following section—

“23A Summary administration.

(1) Where an application is made to the court under this Act for the grant of a certificate for the summary administration of the sequestration of the debtor’s estate, the court shall, subject to subsection (9) below, grant such a certificate where it appears to the court that—

(a) the aggregate amount of the debtor’s liabilities does not exceed £20,000; and

(b) the aggregate amount of the debtor’s assets does not exceed £2,000.

(2) In calculating—

(a) the aggregate amount of the debtor’s liabilities under paragraph (a) of subsection (1) above, no account shall be taken of any debt to the extent that a creditor holds a security for that debt; and

(b) the aggregate amount of the debtor’s assets under paragraph (b) of that subsection, no account shall be taken of—

(i) any heritable property of his; or

(ii) any property of his which, under section 33(1) of this Act, does not vest in the permanent trustee.

(3) For the purposes of an application under subsection (1) above made by—

(a) the Accountant in Bankruptcy; or

(b) an interim trustee who is not the Accountant in Bankruptcy,

a certificate by the Accountant in Bankruptcy or, as the case may be, the interim trustee as to the aggregate amounts of the debtor’s liabilities and assets shall be sufficient evidence of such aggregate amounts.

(4) Where a certificate for the summary administration of the sequestration of the debtor’s estate is granted—

(a) in any case where the application for the certificate was made by the Accountant in Bankruptcy, section 25A of this Act; and

(b) in every case, Schedule 2A to this Act (which modifies the duties of the permanent trustee),

shall apply to the sequestration.

(5) The debtor, a creditor, the permanent trustee or the Accountant in Bankruptcy may, at any time, apply to the sheriff to withdraw the certificate for the summary administration of the sequestration of the debtor’s estate.

(6) Where an application is made under subsection (5) above by a person who is not the permanent trustee, the applicant shall send a copy of the application to the permanent trustee who shall prepare and present to the sheriff a report on all of the circumstances of the sequestration.

(7) If it appears to the sheriff, on considering an application under subsection (5) above and any report under subsection (6) above, that it is no longer appropriate for the sequestration to be subject to summary administration, he shall withdraw the certificate and the sequestration of the estate shall proceed as if the certificate had not been granted.

(8) The sheriff clerk shall send to the permanent trustee and, where he is not the permanent trustee, the Accountant in Bankruptcy a copy of the sheriff’s decision on any application under subsection (5) above.

(9) The court shall not grant an application as mentioned in subsection (1) above—

(a) in any case where the application is made by the Accountant in Bankruptcy and the court has appointed as interim trustee a person who is not the Accountant in Bankruptcy; or

(b) in any other case—

(i) where a person has been elected as permanent trustee, before the sheriff has confirmed the election of that person as permanent trustee; or

(ii) where no such person has been elected, unless the court at the same time appoints the interim trustee as permanent trustee.”

(2) After Schedule 2 to the 1985 Act there shall be inserted the following Schedule—

“Schedule 2A S Modification of duties of permanent trustee in summary administration

1 The permanent trustee shall comply with the requirements of sections 3 and 39 of this Act only in so far as, in his view, it would be of financial benefit to the estate of the debtor and in the interests of creditors to do so.

2 The permanent trustee shall, until the debtor is discharged under this Act, at the end of—

(a) the period of 6 months beginning with the date of sequestration; and

(b) each subsequent period of 6 months,

require the debtor to give an account in writing of his current state of affairs.

3 (1) Where the Accountant in Bankruptcy is not the permanent trustee, the permanent trustee shall comply with any general or specific directions given to him by the Accountant in Bankruptcy.

(2) Directions given under this paragraph may be given in respect of any particular case, all cases or any class or description of case.

4 (1) The permanent trustee shall, as soon as a certificate for the summary administration of the sequestration of the debtor’s estate has been granted, publish in the Edinburgh Gazette a notice stating that such a certificate has been granted and that he has been appointed permanent trustee and, where no notice under section 15(6) of this Act has been published in respect of the sequestration—

(a) stating that sequestration of the debtor’s estate has been awarded; and

(b) inviting the submission of claims to him.

(2) A notice under sub-paragraph (1) above shall also contain such additional information as may be prescribed.

5 Except in the case of an application for the grant of a certificate for the summary administration of the sequestration of the debtor’s estate under section 25(2A) of this Act, Schedule 2 to this Act shall have effect in respect of a sequestration to which this Schedule applies.”

Valid from 01/04/1993

7 Appointment of permanent trustee. S

After section 25 of the 1985 Act there shall be inserted the following section—

“25A Appointment of permanent trustee in certain cases.

(1) Where this section applies as mentioned in section 21B(2), 23A(4) or 24(3A) of this Act, the court shall appoint as permanent trustee—

(a) the Accountant in Bankruptcy; or

(b) such person as may be nominated by the Accountant in Bankruptcy (being a person who is not ineligible for election as permanent trustee under section 24(2) of this Act) if that person consents to the nomination.

(2) Where this section applies as mentioned in section 28(5) of this Act, if either of the persons mentioned in paragraphs (a) and (b) of subsection (1) above applies to the sheriff for appointment as permanent trustee, the sheriff shall so appoint such person.

(3) Where a person is appointed to be permanent trustee under this section, the provisions of this Act shall apply to the sequestration subject to such modifications, and with such further provisions, as are set out in Schedule 2 to this Act.”

8 Fees for the Accountant in Bankruptcy. S

After section 69 of the 1985 Act there shall be inserted the following section—

“69A Fees for the Accountant in Bankruptcy.

The Secretary of State may prescribe—

(a) the fees and outlays to be payable to the Accountant in Bankruptcy in respect of the exercise of any of his functions under this Act;

(b) the time and manner in which such fees and outlays are to be paid; and

(c) the circumstances, if any, in which the Accountant in Bankruptcy may allow exemption from payment or the remission or modification of payment of any fees or outlays payable or paid to him.”

9 Remuneration of permanent trustee. S

(1) This section applies in the case of any sequestration in respect of which the petition is presented during the period beginning with the day on which this Act is passed and ending with the commencement of section 2 of this Act, being a sequestration to which Schedule 2 to the 1985 Act applies and in respect of which the permanent trustee is entitled to payment of his outlays and remuneration by virtue of paragraph 9 of that Schedule.

(2) In the case of any sequestration to which this section applies, section 53 of the 1985 Act shall apply for the purposes of the determination of the remuneration and outlays of the permanent trustee subject to the provisions of regulations made under this section.

(3) Regulations under this section may prescribe—

(a) the work in respect of which remuneration and outlays may be claimed, including work undertaken while the permanent trustee was acting as interim trustee;

(b) an amount which shall be paid in respect of remuneration and outlays in respect of any sequestration to which this section applies; and

(c) a scale of fees relating to the nature and extent of work undertaken to apply for the purposes of determining the remuneration and outlays in respect of any such sequestration.

(4) Such regulations may enable the Accountant in Bankruptcy, having taken into account the matters mentioned in paragraphs (a) and (b) of section 53(4) of the 1985 Act, to determine whether, in relation to any sequestration to which this section applies, the remuneration and outlays shall be—

(a) the amount mentioned in subsection (3)(b) above; or

(b) determined by reference to the scale mentioned in subsection (3)(c) above.

(5) Section 72 of the 1985 Act shall apply to regulations made under this section as it applies to regulations made under that Act.

(6) A determination by the Accountant in Bankruptcy in pursuance of regulations made under this section may be appealed to the sheriff in accordance with subsection (6) of the said section 53.

Valid from 01/04/1993

10 Finance. S

(1) There shall be paid into the Consolidated Fund any fees received by the Accountant in Bankruptcy in pursuance of regulations made under section 69A of the 1985 Act.

(2) There shall be paid out of money provided by Parliament—

(a) any fees paid in pursuance of section 1B(4) of the 1985 Act as inserted by section 1(1) of this Act;

(b) any administrative expenses incurred by the Secretary of State under this Act; and

(c) any increase attributable to this Act in the sums so payable under any other Act.

11 Amendments and repeals. U.K.

(1) In section 388 of the M3 Insolvency Act 1986 (meaning of “act as insolvency practitioner”), for subsection (5) there shall be substituted the following subsection—

“(5) Nothing in this section applies to anything done by—

(a) the official receiver; or

(b) the Accountant in Bankruptcy (within the meaning of the Bankruptcy (Scotland) Act 1985).”

(2) In section 389 of that Act (acting without qualification an offence), in subsection (2) at the end there shall be inserted the words “ or the Accountant in Bankruptcy (within the meaning of the Bankruptcy (Scotland) Act 1985). ”

(3) The 1985 Act shall have effect subject to the amendments in Schedule 1 to this Act.

(4) The enactments mentioned in Schedule 2 to this Act are repealed to the extent mentioned in the third column.

Extent Information

E1 S. 11: Act extends to Scotland only, for exceptions see s. 12(8)

Commencement Information

I1 S. 11 partly in force at Royal Assent see s. 12(3)

Marginal Citations

M3 1986 c. 45.

12 Short title, interpretation, commencement and extent. S

(1) This Act may be cited as the Bankruptcy (Scotland) Act 1993.

(2) Expressions used in this Act and in the 1985 Act shall have the same meaning in this Act as they do in that Act.

(3) The following provisions shall come into force on the day on which this Act is passed, namely—

• section 8;

• section 9;

• this section; and

• paragraphs 22(5), 23 and 31(4) and (5) of Schedule 1 and, so far as relating to those paragraphs, section 11.

(4) Subject to subsection (3) above, this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be so appointed for different purposes and for different provisions.

(5) An order under subsection (4) above may contain such transitional provisions and savings as appear to the Secretary of State necessary or expedient in connection with the provisions brought into force (whether wholly or partly) by the order.

(6) Notwithstanding anything in an order made under subsection (4) above, nothing in any provision commenced by such an order shall have effect as regards any sequestration in respect of which the petition is presented before such commencement.

(7) Subject to subsection (8) below, this Act extends to Scotland only.

(8) The amendment by this Act of an enactment which extends to England and Wales or Northern Ireland extends also to England and Wales or, as the case may be, Northern Ireland.

Subordinate Legislation Made

P1 Power fully exercised (3.3.1993): 1.4.1992 for the provisions of the Act not already in force by S.I. 1993/438 (subject to savings in arts. 4, 5 of S.I.)