Search Legislation

Bankruptcy (Scotland) Act 2016

Status:

This is the original version (as it was originally enacted).

Application for conversion to sequestration

190Application for conversion to sequestration

(1)This section applies where a member State liquidator proposes to apply to AiB for the conversion under Article 37 of the EC insolvency proceedings regulation (conversion of earlier proceedings) of a protected trust deed into sequestration.

(2)An affidavit complying with section 191 must be—

(a)prepared and sworn, and

(b)submitted to AiB in support of the application.

(3)The application and affidavit required under subsection (2) are to be served on—

(a)the debtor,

(b)the trustee, and

(c)such other person as may be prescribed.

191Contents of affidavit required under section 190(2)

(1)An affidavit required under section 190(2) must—

(a)state that main proceedings have been opened in relation to the debtor in a member State other than the United Kingdom,

(b)state that the member State liquidator believes that the conversion of the protected trust deed into a sequestration would prove to be in the interests of the creditors in the main proceedings,

(c)contain such other information as the member State liquidator considers will be of assistance to AiB—

(i)in deciding whether to make an order under section 192, and

(ii)if AiB were to do so, in considering the need for any consequential provision that would be necessary or desirable, and

(d)contain such other matters as may be prescribed.

(2)Any affidavit under this section must be sworn by, or on behalf of, the member State liquidator.

192Powers of Accountant in Bankruptcy on application for conversion to sequestration

(1)After considering an application for conversion of a protected trust deed into a sequestration, AiB may make such order as AiB thinks fit.

(2)If AiB makes an order for conversion into sequestration, the order may contain all such consequential provisions as AiB thinks necessary or desirable.

(3)The provisions of this Act apply to an order made by AiB under subsection (1) as if the order were a determination by AiB of a debtor application—

(a)under section 22(1), and

(b)in relation to which the member State liquidator is a concurring creditor.

(4)On AiB making an order for conversion into sequestration under subsection (1), any expenses properly incurred as expenses of the administration of the trust deed in question become a first charge on the debtor’s estate.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

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

Opening Options

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

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