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Bankruptcy (Scotland) Act 2016

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This is the original version (as it was originally enacted).

197Moratorium on diligence following notice under section 195(1) or 196(1)

(1)This section applies where a person gives notice under section 195(1) or 196(1).

(2)A moratorium on diligence applies in relation to the person who is the subject of the notice for the moratorium period determined in accordance with section 198.

(3)While a moratorium on diligence applies in relation to the person it is not competent—

(a)to serve a charge for payment in respect of any debt owed by the person, or

(b)to commence or execute any diligence to enforce payment of any debt owed by the person,

(c)to found on any debt owed by the person in presenting, or concurring in the presentation of, a petition for sequestration of the person’s estate, or

(d)where an arrestment mentioned in subsection (1) of section 73J of the Debtors (Scotland) Act 1987 has been granted in respect of funds due to the person, to release funds to the creditor under subsection (2) of that section.

(4)The moratorium period applying in relation to the person must be disregarded for the purpose of determining the period mentioned in subsection (3) of that section 73J.

(5)Despite subsection (3)(b), it is competent to—

(a)auction an article which has been attached in accordance with the 2002 Act where—

(i)notice has been given to the debtor under section 27(4) of that Act, or

(ii)the article has been removed, or notice of removal has been given, under section 53 of that Act,

(b)implement a decree of furthcoming,

(c)implement a decree or order for sale of a ship (or of a share of a ship) or cargo, or

(d)execute—

(i)an earnings arrestment,

(ii)a current maintenance arrestment, or

(iii)a conjoined arrestment order,

which came into effect before the day on which the moratorium period in relation to the person began.

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