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

Decision that paragraph 1 ceases to have effect: modification of certain provisions of Act

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1

Where paragraph 1 ceases to have effect in relation to a debtor, this Act applies subject to sub-paragraphs (2) to (4).

2

The debtor must send to the trustee a statement of assets and liabilities—

a

where no appeal is taken under paragraph 4, within 7 days beginning with the expiry of the period during which an appeal may be made under that paragraph, or

b

where an appeal is refused or, as the case may be, abandoned or withdrawn, within 7 days beginning with—

i

the day on which notice is given of the outcome of the appeal, or

ii

as the case may be, its abandonment or withdrawal.

3

Section 44 applies as if, in subsection (3)(a), for the words “sequestration is awarded” there were substituted “ paragraph 1 of schedule 1 ceases to have effect in relation to the debtor ”.

4

Section 116 applies as if for subsection (2) there were substituted—

2

The trustee in the sequestration must require the debtor to give an account in writing, in such form as may be prescribed, of the debtor's current state of affairs—

a

within 60 days beginning with the day on which paragraph 1 of schedule 1 ceases to have effect in relation to the debtor,

b

on the expiry of 6 months beginning with the day on which the account is given under paragraph (a), and

c

on the expiry of each subsequent 6 months.