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Bankruptcy (Scotland) Act 2016

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This is the original version (as it was originally enacted).

26Registration of warrant or determination of debtor application

(1)On the sheriff granting warrant under section 22(3) the sheriff clerk must forthwith send—

(a)a certified copy of the order granting the warrant to the Keeper of the Register of Inhibitions for recording in that register,

(b)a copy of that order to AiB, and

(c)where the debtor is taking part in a debt payment programme under Part 1 of the 2002 Act, a copy of that order to the DAS administrator (“DAS administrator” having the meaning given by regulation 2(1) of the Debt Arrangement Scheme (Scotland) Regulations 2011 (S.S.I. 2011/141)).

(2)On awarding sequestration on a debtor application AiB must forthwith send a certified copy of AiB’s determination of the application to the Keeper of the Register of Inhibitions for recording in that register.

(3)Recording under subsection (1)(a) or (2) has the effect, as from the date of sequestration, of an inhibition and of a citation in an adjudication of the debtor’s heritable estate at the instance of the creditors who subsequently have claims in the sequestration accepted under section 126.

(4)The effect mentioned in subsection (3) expires—

(a)on the recording by virtue of section 27(11)(a) of a certified copy of an order refusing to award sequestration or by virtue of section 30(9)(a) of a certified copy of an order recalling an award of sequestration,

(b)on the recording by virtue of section 18(7), 34(4) or 35(7) of a certified copy of a decision, or

(c)if the effect has not earlier expired by virtue of paragraph (a) or (b), at the end of 3 years beginning with the date of sequestration.

(5)But subsection (4)(c) is subject to subsections (6) and (7).

(6)The trustee may if not discharged send a memorandum, in a form prescribed by act of sederunt, to the Keeper of the Register of Inhibitions for recording in that register before the expiry of—

(a)the 3 years mentioned in subsection (4)(c), or

(b)a period for which the effect mentioned in subsection (3) has been renewed by virtue of subsection (7).

(7)The recording of a memorandum sent in accordance with subsection (6) renews the effect mentioned in subsection (3) for 3 years beginning with the expiry of—

(a)the 3 years mentioned in subsection (4)(c), or

(b)as the case may be, the period mentioned in subsection (6)(b).

(8)The trustee may, if appointed or reappointed under section 152, send a memorandum in a form prescribed by act of sederunt to the Keeper of the Register of Inhibitions for recording in that register before the expiry of that appointment.

(9)The recording of a memorandum sent in accordance with subsection (8) imposes the effect mentioned in subsection (3) for 3 years beginning with the day of notification in accordance with section 153(1).

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