Part 9Insolvency etc.
Sequestration in Scotland
I1421 Restriction of powers
1
If an award of sequestration is made in Scotland the powers referred to in subsection (2) must not be exercised in relation to the property referred to in subsection (3).
2
These are the powers—
a
b
the powers conferred on a court by sections 120 to 136 and Schedule 3 F11, the powers conferred on an appropriate officer by section 127C and the powers of an administrator appointed under section 125 or 128(3);
3
This is the property—
a
property which is for the time being comprised in the whole estate of the debtor within the meaning of section F679 of the 2016 Act;
b
c
d
in a case where a confiscation order has been made under section 6 or 156 of this Act, any sums remaining in the hands of a receiver appointed under section 50 F4or 198 of this Act after the amount required to be paid under the confiscation order has been fully paid;
e
in a case where a confiscation order has been made under section 92 of this Act, any sums remaining in the hands of an administrator appointed under section 128 of this Act after the amount required to be paid under the confiscation order has been fully paid.
F5f
in a case where a confiscation order has been made under section 6, 92 or 156 of this Act, any sums remaining in the hands of an appropriate officer after the amount required to be paid under the confiscation order has been fully paid under section 67D(2)(c), 131D(2)(c) or 215D(2)(c).
4
But nothing in the F142016 Act must be taken to restrict (or enable the restriction of) the powers referred to in subsection (2).
F105
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F106
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