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Bankruptcy (Scotland) Act 2016

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This is the original version (as it was originally enacted).

159Duration of bankruptcy restrictions order and application for revocation or variation

(1)A bankruptcy restrictions order—

(a)comes into force when made, and

(b)ceases to have effect at the end of a day specified, for the purposes of this paragraph, in the order.

(2)The day specified under subsection (1)(b)—

(a)in the case of an order made by AiB—

(i)must not be before the expiry of 2 years beginning with the day on which the order is made, but

(ii)must be within 5 years beginning with that day, and

(b)in the case of an order made by the sheriff—

(i)must not be before the expiry of the 5 years beginning with the day on which the order is made, but

(ii)must be within 15 years beginning with that day.

(3)On an application by the debtor, the person mentioned in subsection (4) may—

(a)revoke a bankruptcy restrictions order, or

(b)vary it.

(4)The person is, in the case of a bankruptcy restrictions order —

(a)made by AiB, AiB, and

(b)made by the sheriff, the sheriff.

(5)If an application under subsection (3) is made to AiB, AiB must—

(a)take into account any representations made, within 21 days beginning with the day on which the application is made, by an interested person, and

(b)confirm, revoke or vary the order within 28 days beginning with that day.

(6)The debtor may appeal to the sheriff against any decision of AiB under subsection (5)(b) within 14 days beginning with the date of the decision.

(7)The sheriff may—

(a)in determining such an appeal, or

(b)otherwise on an application by AiB,

make an order providing that the debtor may not make another application under subsection (3) for such period as may be specified in the order.

(8)Variation under subsection (3)(b) may include providing for such an order to cease to have effect at the end of a day earlier than that specified under subsection (1)(b).

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