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(1)In section 8 of the 1985 Act (further provisions relating to presentation of petitions), for subsection (2) substitute—
“(2)A petition for the sequestration of the estate of a limited partnership may be presented—
(a)by a qualified creditor or qualified creditors only if the apparent insolvency founded on in the petition was constituted within 4 months (or such other period as may be prescribed) before the date of presentation of the petition, or
(b)at any time by—
(i)a temporary administrator,
(ii)a member State liquidator appointed in main proceedings, or
(iii)a trustee acting under a trust deed.”.
(2)In section 8A of the 1985 Act (further provisions relating to debtor applications), for subsection (2) substitute—
“(2)A debtor application made in relation to the estate of a limited partnership may be made—
(a)at any time, or
(b)within such time as may be prescribed.”.
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Text created by the Scottish Government 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.
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