Search Legislation

Bankruptcy and Debt Advice (Scotland) Act 2014

Status:

This is the original version (as it was originally enacted).

11Sequestration: application by executor

This section has no associated Explanatory Notes

(1)In section 5 of the 1985 Act (sequestration of the estate of living or deceased debtor), for subsection (3), substitute—

(3)The sequestration of the estate of a deceased debtor is—

(a)by debtor application made by the executor, or a person entitled to be appointed as executor, on the estate,

(b)on the petition of a qualified creditor, or qualified creditors, of the deceased debtor,

(c)on the petition of a temporary administrator,

(d)on the petition of a member State liquidator appointed in main proceedings, or

(e)on the petition of a trustee acting under a trust deed..

(2)In section 6B of the 1985 Act (debtor application: provision of information)—

(a)in subsection (1), after “application”, where it first occurs, insert “, other than an application under section 5(3)(a),”, and

(b)after subsection (2), insert—

(2A)Where a debtor application is made by an executor under section 5(3)(a) the executor must—

(a)state in the application whether or not the debtor’s centre of main interests was situated in the United Kingdom or in another member State, and

(b)state in the application whether or not the debtor possessed an establishment in the United Kingdom or in another member State..

(3)In section 8A of the 1985 Act (further provisions relating to debtor applications)—

(a)in subsection (1), for “subsection (2)” substitute “subsections (2) and (2A)”, and

(b)after subsection (2), insert—

(2A)Any intromission by an executor with the deceased debtor’s estate after the period mentioned in subsection (2B) is deemed an intromission without a title unless, within that period, the executor—

(a)makes a debtor application under section 5(3)(a), or

(b)petitions for the appointment of a judicial factor to administer the estate.

(2B)The period referred to in subsection (2A) is the period of 12 months following the day on which the executor knew or ought to have known that the estate was absolutely insolvent and likely to remain so..

(4)In section 12 of the 1985 Act (when sequestration is awarded)—

(a)in subsection (1) after “application”, where it first occurs, insert “, other than an application under section 5(3)(a),”, and

(b)after that subsection, insert—

(1B)Where a debtor application is made under section 5(3)(a) the Accountant in Bankruptcy must award sequestration forthwith if the Accountant is satisfied—

(a)that the application has been made in accordance with the provisions of this Act and any provision made under this Act, and

(b)that the provisions of subsection (6A) of section 5 have been complied with..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources