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Bankruptcy and Debt Advice (Scotland) Act 2014

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This is the original version (as it was originally enacted).

48Effect of sequestration: renewal of period of inhibition etc.

This section has no associated Explanatory Notes

In section 14 of the 1985 Act (registration of warrant or determination of debtor application), for subsection (4) substitute—

“(4)The trustee may, if not discharged, send a memorandum in a form prescribed by the Court of Session by act of sederunt to the Keeper of the Register of Inhibitions for recording in that register before the expiry of—

(a)the period of 3 years mentioned in subsection (3)(b), or

(b)a period for which the effect mentioned in subsection (2) has been renewed by virtue of subsection (4A).

(4A)The recording of a memorandum sent in accordance with subsection (4) renews the effect mentioned in subsection (2) for a period of 3 years beginning with the expiry of—

(a)the period mentioned in subsection (3)(b), or

(b)as the case may be, the period mentioned in subsection (4)(b).

(4B)The trustee may, if appointed or reappointed under section 58B, send a memorandum in a form prescribed by the Court of Session by act of sederunt to the Keeper of the Register of Inhibitions for recording in that register before the expiry of that appointment.

(4C)The recording of a memorandum sent in accordance with subsection (4B) imposes the effect mentioned in subsection (2) for a period of 3 years beginning with the day of notification in accordance with section 58C(1).”.

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