Bankruptcy and Diligence etc. (Scotland) Act 2007

Jurisdiction

16 Sequestration proceedings to be competent only before sheriff

(1) In section 9 of the 1985 Act (jurisdiction)—

(a) in subsection (1)—

(i) for “Court of Session” substitute “sheriff”; and

(ii) for “Scotland” substitute “the sheriffdom”;

(b) in subsection (2)—

(i) for “Court of Session” substitute “sheriff”; and

(ii) for “Scotland”, in both places where it occurs, substitute “the sheriffdom”;

(c) in subsection (3), for “Court of Session” substitute “sheriff”; and

(d) subsection (4) is repealed.

(2) In section 15 of that Act (further provisions relating to award of sequestration)—

(a) subsection (1) is repealed;

(b) in subsection (2)—

(i) for “Court of Session” substitute “sheriff”;

(ii) for “it”, where it first occurs, substitute “him and subject to subsection (2A) below”; and

(iii) the words from “from” to “remitted” are repealed;

(c) after subsection (2), insert—

“(2A) The debtor may, with leave of the sheriff, appeal to the sheriff principal against a transfer under subsection (2) above.”;

(d) in subsection (3), for “court” substitute “sheriff”; and

(e) in subsection (5), for “clerk of the court” substitute “sheriff clerk”.

(3) In section 16 of that Act (petitions for recall), in subsection (1), for “Court of Session” substitute “sheriff”.

(4) In section 17 of that Act (recall)—

(a) in subsection (1)—

(i) for “Court of Session” substitute “sheriff”; and

(ii) for “it”, in the first and third places where it occurs, substitute “he”;

(b) in subsection (2)—

(i) for “Court” substitute “sheriff”; and

(ii) for “it” substitute “he”;

(c) in subsection (3)—

(i) for “Court” substitute “sheriff”; and

(ii) in paragraph (c), for “it” substitute “he”;

(d) in subsection (6)—

(i) for “Court” substitute “sheriff”; and

(ii) for “it”, in the second and third places where it occurs, substitute “he”;

(e) in subsection (7)—

(i) for “Court” substitute “sheriff”; and

(ii) for “it” substitute “he”; and

(f) in subsection (8), for “clerk of the court” substitute “sheriff clerk”.