PART 3Initial stages of sequestration, statutory meeting and trustee vote

Initial stages

I140Offences in relation to interim preservation of estate

1

If a debtor—

a

fails without reasonable excuse to comply with a direction under subsection (1), (6)(b), (7)(b) or (9)(b), or a requirement under subsection (2)(a), (c) or (f), of section 39, or

b

obstructs the interim trustee where the interim trustee is acting in pursuance of subsection (4)(a) of that section,

then the debtor commits an offence.

2

A person who commits an offence under subsection (1) is liable—

a

on summary conviction, to a fine not exceeding the statutory maximum, or—

i

in a case where the person has previously been convicted of an offence inferring dishonest appropriation of property or an attempt at dishonest appropriation of property, to imprisonment for a term not exceeding 6 months, or

ii

in any other case, to imprisonment for a term not exceeding 3 months,

or both to a fine not exceeding the statutory maximum and to such imprisonment as is mentioned, in relation to the case in question, in sub-paragraph (i) or (ii), or

b

on conviction on indictment—

i

to a fine, or

ii

to imprisonment for a term not exceeding 2 years,

or both to a fine and to such imprisonment.