SCHEDULE 1DEBTOR TO WHOM SECTION 2(2) APPLIES: APPLICATION OF ACT

Accountant in Bankruptcy's duty to consider whether paragraph 1 should cease to have effect

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1

This paragraph applies where paragraph 1 applies in relation to a debtor.

2

If AiB considers that the circumstances mentioned in any of sub-paragraphs (3) to (6) apply in relation to the debtor, AiB must consider whether paragraph 1 should cease to have effect in relation to the debtor.

3

The circumstances are that—

a

AiB becomes aware the debtor application submitted under section 2 contains an error, and

b

the nature of the error is such that the debtor was not at the time of application a debtor to whom section 2(2) applies.

4

The circumstances are that—

a

AiB becomes aware that the debtor application submitted under section 2 deliberately misrepresents, or fails to state, a fact that was the case at the time of application, and

b

the nature of the misrepresentation or the omission of the fact is such that the debtor was not at that time a debtor to whom section 2(2) applies.

5

The circumstances are that, at any time after the date on which the debtor application is made—

a

the total value of the debtor's assets (leaving out of account any liabilities and any assets that, under section 88(1), would not vest in a trustee) exceeds £5,000 or such other sum as may be prescribed, or

b

AiB assesses the debtor, under the common financial tool, as being able to make a contribution.

6

The circumstances are that, at any time after the date of sequestration—

a

AiB is not satisfied that the debtor has co-operated with the trustee, and

b

AiB considers that if paragraph 1 were to cease to have effect it would be—

i

of financial benefit to the estate of the debtor, and

ii

in the interests of the creditors.

7

The Scottish Ministers may by regulations modify this paragraph—

a

by modifying the circumstances in which paragraph 1 ceases to have effect,

b

in consequence of any modification made under sub-paragraph (7)(a).