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Bankruptcy (Scotland) Act 2016

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This is the original version (as it was originally enacted).

Jurisdiction

15Jurisdiction

(1)Where a petition is presented for the sequestration of the estate of a debtor (whether living or deceased), the sheriff has jurisdiction if, at the relevant time, the debtor—

(a)had an established place of business in the sheriffdom, or

(b)was habitually resident in the sheriffdom.

(2)AiB may determine a debtor application for the sequestration of the estate of a living or deceased debtor if, at the relevant time, the debtor—

(a)had an established place of business in Scotland, or

(b)was habitually resident in Scotland.

(3)Where a petition is presented for the sequestration of the estate of an entity which may be sequestrated by virtue of section 6, the sheriff has jurisdiction if the entity—

(a)had at the relevant time an established place of business in the sheriffdom, or

(b)was constituted or formed under Scots law and at any time carried on business in the sheriffdom.

(4)AiB may determine a debtor application for the sequestration of the estate of such an entity if the entity—

(a)had at the relevant time an established place of business in Scotland, or

(b)was constituted or formed under Scots law and at any time carried on business in Scotland.

(5)Even where a person (whether living or deceased) does not fall within subsection (1), the sheriff has jurisdiction in respect of the sequestration of that person’s estate if—

(a)a petition has been presented for the sequestration of the estate of a partnership of which the person is, or was at the relevant time before dying, a partner, and

(b)the process of that sequestration is still current.

(6)Subsection (7) applies as regards any proceedings under this Act which—

(a)may be brought before a sheriff, and

(b)relate either to a debtor application or to the sequestration of a debtor’s estate following any such application.

(7)The proceedings are to be brought before the sheriff who, under subsection (1) or (3), would have jurisdiction in respect of a petition for sequestration of the debtor’s estate.

(8)References in this section to “the relevant time” are to any time in the year immediately preceding (as the case may be)—

(a)the date of presentation of the petition,

(b)the date the debtor application is made, or

(c)the debtor’s date of death.

(9)This section is subject to Article 3 of the EC insolvency proceedings regulation.

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