Search Legislation

The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: SCHEDULE 1

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016, SCHEDULE 1. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Article 7(1)

SCHEDULE 1U.K.Modification of enactments

This schedule has no associated Explanatory Memorandum

PART 1U.K.Primary legislation

Superannuation Act 1972U.K.

1.  In section 5(2) of the Superannuation Act 1972(1) (benefits under civil service superannuation schemes not assignable)—

(a)omit “or section 32(2) and (4) of the Bankruptcy (Scotland) Act 1985”; and

(b)insert at the end “or the powers of any person under section 90 or 95 of the Bankruptcy (Scotland) Act 2016”.

Commencement Information

I1Sch. 1 para. 1 in force at 30.11.2016, see art. 1

Control of Pollution Act 1974U.K.

2.—(1) The Control of Pollution Act 1974(2) is amended as follows.

(2) In section 30Y(1)(b)(i) (abandoned mines: introductory)—

(a)for “permanent” substitute “trustee”; and

(b)for “1985” substitute “2016”.

(3) In section 30Z(5)(a) (mine operators to give SEPA six months’ notice of any proposed abandonment)—

(a)for “permanent” substitute “trustee”; and

(b)for “1985” substitute “2016”.

Commencement Information

I2Sch. 1 para. 2 in force at 30.11.2016, see art. 1

Customs and Excise Management Act 1979U.K.

3.  In section 1(1) of the Customs and Excise Management Act 1979(3) (interpretation), in the definition of “representative”, for “or interim or permanent trustee” substitute “, trustee or interim trustee in a sequestration”.

Commencement Information

I3Sch. 1 para. 3 in force at 30.11.2016, see art. 1

Insolvency Act 1986U.K.

4.—(1) The Insolvency Act 1986(4) is amended as follows.

(2) In section 51(6)(5) (power to appoint receiver), in paragraph (a) of the definition of “bankruptcy restrictions order”, for “56A of the Bankruptcy (Scotland) Act 1985 (c.66)” substitute “155 of the Bankruptcy (Scotland) Act 2016”.

(3) In section 185 (effect of diligence: Scotland)—

(a)in subsection (1), for the words from “1985” to the end of paragraph (b) substitute—

2016—

(a)subsections (3) to (10) of section 23A (effect of sequestration on land attachment)(6) and section 24 (effect of sequestration on diligence generally); and

(b)subsections (6), (7), (10) and (11) of section 109 (management and realisation of estate),; and

(b)in subsection (2), for “1985” substitute “2016”.

(4) In section 193 (unclaimed dividends: Scotland)—

(a)in subsection (2), for “73(1) of the Bankruptcy (Scotland) Act 1985” substitute “228(1) of the Bankruptcy (Scotland) Act 2016”; and

(b)in subsection (3)(7), for—

(i)“58 of the Bankruptcy (Scotland) Act 1985” substitute “150 of the Bankruptcy (Scotland) Act 2016”; and

(ii)“57” substitute “148”.

(5) In section 242(3)(a) (gratuitous alienations: Scotland), for “1985” substitute “2016”.

(6) In section 388 (meaning of “act as insolvency practitioner”)—

(a)in subsection (2)(a), for “permanent or interim trustee” substitute “trustee (or interim trustee)”;

(b)in subsection (3)(8), for “1985” substitute “2016”;

(c)in subsection (4), for the definition of ““interim trustee” and “permanent trustee”” substitute—

“sequestration” means sequestration under the Bankruptcy (Scotland) Act 2016; and

(d)in subsection (5)(b)(9), for “1985” substitute “2016”.

(7) In section 389(2) (acting without qualification an offence)(10), for “1985” substitute “2016”.

(8) In section 390(5)(a)(11) (persons not qualified to act as insolvency practitioners), after “1985” insert “or the Bankruptcy (Scotland) Act 2016”.

(9) In section 426(10)(b)(12) (co-operation between courts exercising jurisdiction in relation to insolvency), for “1985” substitute “2016”.

(10) In section 435(5)(a) (meaning of “associate”), for “1985” substitute “2016”.

(11) In paragraph 14 of Schedule 8 (provisions capable of inclusion in company insolvency rules), for “1985” substitute “2016”.

Commencement Information

I4Sch. 1 para. 4 in force at 30.11.2016, see art. 1

Company Directors Disqualification Act 1986U.K.

5.  In section 11(2)(b)(i)(13) of the Company Directors Disqualification Act 1986(14) (undischarged bankrupts), after “1985” insert “or 2016”.

Commencement Information

I5Sch. 1 para. 5 in force at 30.11.2016, see art. 1

Companies Act 1989U.K.

6.—(1) The Companies Act 1989(15) is amended as follows.

(2) In section 159(2) (proceedings of exchange or clearing house take precedence over insolvency procedures)(16), for “1985” substitute “2016”.

(3) In section 161 (supplementary provisions as to default proceedings)—

(a)in subsection (2), for “permanent trustee on the sequestrated” substitute “trustee in the sequestration of the”; and

(b)in subsection (4), for “1985” substitute “2016”.

(4) In section 163(3) (net sum payable on completion of default proceedings)(17), for “73(1) of the Bankruptcy (Scotland) Act 1985” substitute “22(7) of the Bankruptcy (Scotland) Act 2016”.

(5) In section 164 (disclaimer of property, rescission of contracts etc.)—

(a)in subsection (2)—

(i)for “permanent trustee on the sequestrated” substitute “trustee in the sequestration of the”; and

(ii)for “42 of the Bankruptcy (Scotland) Act 1985” substitute “110 of the Bankruptcy (Scotland) Act 2016”; and

(b)in subsection (3), in the words before paragraph (a)(18)—

(i)for “32(8) of the Bankruptcy (Scotland) Act 1985” substitute “87(4) of the Bankruptcy (Scotland) Act 2016”; and

(ii)omit “permanent”.

(6) In section 165(2)(a) (adjustment of prior transactions), for “34 or 36 of the Bankruptcy (Scotland) Act 1985” substitute “98 or 99 of the Bankruptcy (Scotland) Act 2016”.

(7) In section 175(4) (administration orders etc.)—

(i)for “32(8) of the Bankruptcy (Scotland) Act 1985” substitute “87(4) of the Bankruptcy (Scotland) Act 2016”; and

(ii)omit “permanent”.

(8) In section 180(2) (proceedings against market property by unsecured creditors), for “1985” substitute “2016”.

(9) In section 182(2) (powers of court in relation to certain proceedings begun before commencement), for “1985” substitute “2016”.

(10) In section 189(1)(c) (meaning of “relevant office-holder”)—

(a)for “1985” substitute “2016”; and

(b)for “permanent” substitute “trustee”.

(11) In section 190 (minor definitions)—

(a)in subsection (1)(19)—

(i)for the definition of ““interim trustee” and “permanent trustee”” substitute—

“interim trustee” has the same meaning as in the Bankruptcy (Scotland) Act  2016; and

(ii)after the definition of ““recognised central counterparty”, “recognised clearing house” and “recognised investment exchange”” insert—

“sequestration” means sequestration under the Bankruptcy (Scotland) Act 2016;;

(b)in subsection (6)(a)(20), for “1985” substitute “2016”; and

(c)in subsection (7)(b), for “or permanent trustee” substitute “trustee or to a trustee in the sequestration of an estate”.

(12) In section 191 (index of defined expressions), in the table(21)—

(a)omit the entry relating to “permanent trustee”; and

(b)for the entry relating to “trustee, interim or permanent (in relation to Scotland)” substitute—

interim trustee and trustee in the sequestration of an estate (in relation to Scotland)section 190(1) and (7)(b)

Commencement Information

I6Sch. 1 para. 6 in force at 30.11.2016, see art. 1

Environmental Protection Act 1990U.K.

7.  In section 78X(4)(e) of the Environmental Protection Act 1990(22) (supplementary provisions)—

(a)for “permanent” substitute “trustee”; and

(b)for “1985” substitute “2016”.

Commencement Information

I7Sch. 1 para. 7 in force at 30.11.2016, see art. 1

Water Resources Act 1991U.K.

8.—(1) The Water Resources Act 1991(23) is amended as follows.

(2) In section 91A(1)(b)(ii) (introductory)—

(a)for “permanent” substitute “trustee”; and

(b)for “1985” substitute “2016”.

(3) In section 91B(5)(b) (mine operators to give the appropriate agency six months’ notice before any proposed abandonment)—

(a)for “permanent” substitute “trustee”; and

(b)for “1985” substitute “2016”.

Commencement Information

I8Sch. 1 para. 8 in force at 30.11.2016, see art. 1

Social Security Administration Act 1992U.K.

9.  In section 78(3B) of the Social Security Administration Act 1992(24) (recovery of social fund awards), for “1985” substitute “2016”.

Commencement Information

I9Sch. 1 para. 9 in force at 30.11.2016, see art. 1

Taxation of Chargeable Gains Act 1992U.K.

10.  In section 66(5) of the Taxation of Chargeable Gains Act 1992(25) (insolvents’ assets), in the definition of “trustee in bankruptcy”—

(a)for “permanent trustee within the meaning of” substitute “trustee in a sequestration under”; and

(b)for “1985” substitute “2016”.

Commencement Information

I10Sch. 1 para. 10 in force at 30.11.2016, see art. 1

Pension Schemes Act 1993U.K.

11.—(1) The Pension Schemes Act 1993(26) is amended as follows.

(2) In section 47(7)(27) (entitlement to guaranteed minimum pensions for purposes of relationship with social security benefits), for “36A of the Bankruptcy (Scotland) Act 1985” substitute “101 of the Bankruptcy (Scotland) Act 2016”.

(3) In section 127(2)(b) (transfer to Secretary of State of rights and remedies), for “1985” substitute “2016”.

(4) In section 128 (priority in bankruptcy etc.), for “4 of Schedule 3 to the Bankruptcy (Scotland) Act 1985” substitute “1 of schedule 3 to the Bankruptcy (Scotland) Act 2016”.

(5) In section 147(3) (death, insolvency or disability of authorised complainant), for “1985” substitute “2016”.

(6) In paragraph 4(1)(b) of Schedule 4 (priority in bankruptcy etc.)—

(a)for “Part I” substitute “Part 1”; and

(b)for “1985” substitute “2016”.

Commencement Information

I11Sch. 1 para. 11 in force at 30.11.2016, see art. 1

Value Added Tax Act 1994U.K.

12.—(1) The Value Added Tax Act 1994(28) is amended as follows.

(2) In section 73 (failure to make returns etc.), in each of subsections (5) and (10), for “interim or permanent trustee” substitute “trustee in sequestration”.

F1(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In section 76(10) (assessment of amounts due by way of penalty, interest or surcharge), for “interim or permanent trustee” substitute “trustee in sequestration”.

(5) In section 78A(8)(29) (assessment for interest overpayments), for “interim or permanent trustee” substitute “trustee in sequestration”.

(6) In section 81(5)(c) (interest given by way of credit and set-off of credits), for “1985” substitute “2016”.

(7) In section 96(1) (interpretation)—

(a)omit the definitions of “interim trustee” and “permanent trustee”; and

(b)after the definition of “tribunal”, insert—

“trustee in sequestration” means a trustee (or interim trustee) in a sequestration under the Bankruptcy (Scotland) Act 2016.

F2(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I12Sch. 1 para. 12 in force at 30.11.2016, see art. 1

Pensions Act 1995U.K.

13.—(1) The Pensions Act 1995(30) is amended as follows.

(2) In section 22(3) (circumstances in which certain provisions of the Act apply)—

(a)omit the definition of ““interim trustee” and “permanent trustee””; and

(b)omit the word “and” immediately preceding that definition.

(3) In section 75(8)(b) (deficiencies in the assets), for “1985” substitute “2016”.

(4) In section 94(3)(d) (assignment, forfeiture, bankruptcy: supplementary) for “32(2) of the Bankruptcy (Scotland) Act 1985” substitute “90 or 95 of the Bankruptcy (Scotland) Act 2016”.

(5) In section 123(2) (“connected” and “associated” persons), for “74 of the Bankruptcy (Scotland) Act 1985 (associated persons)” substitute “229 of the Bankruptcy (Scotland) Act 2016 (meaning of “associate”)”.

Commencement Information

I13Sch. 1 para. 13 in force at 30.11.2016, see art. 1

Proceeds of Crime (Scotland) Act 1995U.K.

14.—(1) The Proceeds of Crime (Scotland) Act 1995(31) is amended as follows.

(2) In Schedule 2 (sequestration etc. of persons holding realisable or forfeitable property)—

(a)in paragraph 1(1)(a), for “12(4) of the 1985” substitute “22(7) of the 2016”;

(b)in paragraph 1(2)—

(i)in paragraph (a), for “31(8) of the 1985” substitute “79 of the 2016”;

(ii)for paragraph (b) substitute—

(b)any income of the debtor which has been ordered, under section 90 or 95 of that Act, to be paid to the trustee or any estate which, under subsection (4) of section 79, or subsection (5) of section 86, of that Act vests in the trustee,; and

(iii)for “permanent trustee in accordance with section 48” substitute “trustee in the sequestration in accordance with section 122”;

(c)in paragraph 1(3), for “1985” substitute “2016”;

(d)in paragraph 1(4), for “2(5) of the 1985” substitute “54(1) of the 2016”;

(e)in paragraph 1(5)—

(i)in paragraph (a), for “34 or 36 of the 1985” substitute “98 or 99 of the 2016”; and

(ii)in paragraph (b), for “34 and 36” substitute “98 and 99”;

(f)in paragraph 5—

(i)in sub-paragraph (1), for “1985” substitute “2016”; and

(ii)in sub-paragraph (3), omit the words from “the reference” to “sequestration and”;

(g)in paragraph 6—

(i)in sub-paragraph (1), for “1985”, in both places where it occurs, substitute “2016”; and

(ii)in sub-paragraph (3), for “interim or permanent trustee” substitute “trustee (or interim trustee)”.

Commencement Information

I14Sch. 1 para. 14 in force at 30.11.2016, see art. 1

Finance Act 1996U.K.

15.  In section 50(10) of the Finance Act 1996(32) (power to assess), for the words from “an” to “1985)” substitute “a trustee or interim trustee in the sequestration, under the Bankruptcy (Scotland) Act 2016, of a person’s estate”.

Commencement Information

I15Sch. 1 para. 15 in force at 30.11.2016, see art. 1

Employment Rights Act 1996U.K.

16.—(1) The Employment Rights Act 1996(33) is amended as follows.

(2) In section 184(4) (debts to which Part 12 of the Act applies)—

(a)for the words from “permanent”, where it first occurs, to “1985)” substitute “trustee or interim trustee in the sequestration of an estate under the Bankruptcy (Scotland) Act 2016”; and

(b)in paragraph (b), for “permanent” substitute “trustee”.

(3) In section 187(4)(a) (role of relevant officer)—

(a)for “permanent” substitute “trustee”; and

(b)for “1985” substitute “2016”.

(4) In section 189(2)(b) (transfer to Secretary of State of rights and remedies), for “1985” substitute “2016”.

Commencement Information

I16Sch. 1 para. 16 in force at 30.11.2016, see art. 1

Housing Grants, Construction and Regeneration Act 1996U.K.

17.  In section 113 of the Housing Grants, Construction and Regeneration Act 1996(34) (prohibition of conditional payment provisions)—

(a)in subsection (3)(b), for “12 of the Bankruptcy (Scotland) Act 1985” substitute “22 of the Bankruptcy (Scotland) Act 2016”; and

(b)in subsection (4)(b), for “1985” substitute “2016”.

Commencement Information

I17Sch. 1 para. 17 in force at 30.11.2016, see art. 1

Finance Act 1997U.K.

18.  In paragraph 20(3) of Schedule 5 to the Finance Act 1997(35) (interpretation of Part 5 of that Schedule), for “interim or permanent trustee” substitute “trustee or interim trustee in a sequestration”.

Commencement Information

I18Sch. 1 para. 18 in force at 30.11.2016, see art. 1

Welfare Reform and Pensions Act 1999U.K.

19.—(1) Section 13 of the Welfare Reform and Pensions Act 1999(36) (application of sections 11 and 12 of the Act to Scotland) is amended as follows.

(2) In subsection (2)—

(a)in paragraph (b), for “1985” substitute “2016”;

(b)in paragraph (d), for “permanent trustee” substitute “trustee or interim trustee in a sequestration under the Bankruptcy (Scotland) Act 2016”; and

(c)in paragraph (e), for “12(4) of the Bankruptcy (Scotland) Act 1985” substitute “22(7) of the Bankruptcy (Scotland) Act 2016”.

(3) In subsection (3), for “12(4) of the Bankruptcy (Scotland) Act 1985” substitute “22(7) of the Bankruptcy (Scotland) Act 2016”.

Commencement Information

I19Sch. 1 para. 19 in force at 30.11.2016, see art. 1

Financial Services and Markets Act 2000U.K.

20.—(1) The Financial Services and Markets Act 2000(37) is amended as follows.

(2) In section 215 (rights of the scheme in insolvency)—

(a)in subsection (7)—

(i)in paragraph (b), for “5 of the 1985” substitute “2 or 5 of the 2016”; and

(ii)in paragraph (c), for “1985” substitute “2016”; and

(b)in subsection (9)—

(i)omit ““The 1985 Act”,”; and

(ii)after “Order” insert “, “the 2016 Act””.

(3) In section 220(3)(b) (scheme manager’s power to inspect information held by liquidator etc.), for the words from “permanent” to “on” substitute “trustee in the sequestration, under the Bankruptcy (Scotland) Act 2016, of”.

(4) In section 355(1) (interpretation of Part 24 of the Act)—

(a)omit the definition of “the 1985 Act”; and

(b)after the definition of “the 1989 Order” insert—

“the 2016 Act” means the Bankruptcy (Scotland) Act 2016;.

(5) In section 358 (powers of FCA and PRA to participate in proceedings: trust deeds for creditors in Scotland)—

(a)in subsection (2)(b)(38), for “paragraph 5(1)(c) of Schedule 5 to the 1985” substitute “section 170 of the 2016”;

(b)omit subsection (3);

(c)in subsection (6A)(a)(i)(39) omit “, (3)”; and

(d)in subsection (7), for “1985” substitute “2016”.

(6) In section 372 (petitions), in each of subsections (1)(b) and (1A)(b)(40), for “5 of the 1985” substitute “2 or 5 of the 2016”.

(7) In section 373(3) (insolvency practitioner’s duty to report to FCA and PRA), for “12 of the 1985” substitute “22 of the 2016”.

(8) In section 374 (powers of FCA or PRA to participate in proceedings)—

(a)in subsection (1)(41)—

(i)in paragraph (b), for “5 of the 1985” substitute “2 or 5 of the 2016”; and

(ii)in paragraph (c), for “1985” substitute “2016”;

(b)in subsection (2)(b)(iii)(42), for “1985” substitute “2016”; and

(c)in subsection (4)(c), for “17 or 18 of Schedule 6 to the 1985” substitute “26 or 27 of schedule 6 to the 2016”.

Commencement Information

I20Sch. 1 para. 20 in force at 30.11.2016, see art. 1

Terrorism Act 2000U.K.

21.—(1) Schedule 4 to the Terrorism Act 2000(43) (forfeiture orders) is amended as follows.

(2) In paragraph 48(4), for “51(1) of the Bankruptcy (Scotland) Act 1985” substitute “129(1) of the Bankruptcy (Scotland) Act 2016”.

(3) In paragraph 51(4), for “1985” substitute “2016”.

(4) In paragraph 53(1)(c), for “permanent or interim trustee on the” substitute “trustee or interim trustee in the sequestration of a”.

Commencement Information

I21Sch. 1 para. 21 in force at 30.11.2016, see art. 1

Limited Liability Partnerships Act 2000U.K.

22.  In section 7(2)(b) of the Limited Liability Partnerships Act 2000(44) (ex-members), for the words from “or permanent” to “1985) or” substitute “, the trustee or interim trustee in the sequestration, under the Bankruptcy (Scotland) Act 2016, of the former member’s estate or the former member’s”.

Commencement Information

I22Sch. 1 para. 22 in force at 30.11.2016, see art. 1

Finance Act 2000U.K.

23.  In Schedule 6 to the Finance Act 2000(45) (climate change levy)—

(a)in paragraph 75(2)(i), for “1985” substitute “2016”;

(b)in paragraph 76(3), for paragraph (a) (but not the final “and”) substitute—

(a)a trustee or interim trustee in the sequestration, under the Bankruptcy (Scotland) Act 2016, of a person’s estate;;

(c)in paragraph 91(4), for paragraph (a) (but not the final “and”) substitute—

(a)a trustee or interim trustee in the sequestration, under the Bankruptcy (Scotland) Act 2016, of a person’s estate;;

(d)in paragraph 103(5), for paragraph (a) (but not the final “and”) substitute—

(a)a trustee or interim trustee in the sequestration, under the Bankruptcy (Scotland) Act 2016, of a person’s estate;; and

(e)in paragraph 120(7)(k), for “1985” substitute “2016”.

Commencement Information

I23Sch. 1 para. 23 in force at 30.11.2016, see art. 1

Finance Act 2001U.K.

24.—(1) The Finance Act 2001(46) is amended as follows.

(2) In section 37(7)(k) (insolvency etc.), for “1985 (c.66)” substitute “2016”.

(3) In paragraph 19(4) of Schedule 5 (aggregates levy: recovery and interest), for paragraph (a) (but not the final “and”) substitute—

(a)a trustee or interim trustee in the sequestration, under the Bankruptcy (Scotland) Act 2016, of a person’s estate;.

(4) In Schedule 8 (aggregates levy: repayments and credits)—

(a)in paragraph 11(2)(i), for “1985 (c.66)” substitute “2016”; and

(b)in paragraph 12(3), for paragraph (a) (but not the final “and”) substitute—

(a)a trustee or interim trustee in the sequestration, under the Bankruptcy (Scotland) Act 2016, of a person’s estate;.

(5) In paragraph 1(5) of Schedule 10 (aggregates levy: assessment of civil penalties and interest on them), for paragraph (a) (but not the final “and”) substitute—

(a)a trustee or interim trustee in the sequestration, under the Bankruptcy (Scotland) Act 2016, of a person’s estate;.

Commencement Information

I24Sch. 1 para. 24 in force at 30.11.2016, see art. 1

Proceeds of Crime Act 2002U.K.

25.—(1) The Proceeds of Crime Act 2002(47) is amended as follows.

(2) In section 84(2)(d) (property: general provisions), for the words from “, permanent” to the end substitute “or liquidator or in the trustee or interim trustee in the sequestration, under the Bankruptcy (Scotland) Act 2016), of his estate;”.

(3) In section 95(3) (available amount), in the definition of “preferred debt”, for “51(2) of the Bankruptcy (Scotland) Act 1985 (c.66)” substitute “129(2) of the Bankruptcy (Scotland) Act 2016”.

(4) In section 150(2)(d) (property: general provisions)—

(a)omit the words from “permanent” to “(c.66)),”; and

(b)at the end insert “or in the trustee or interim trustee in the sequestration, under the Bankruptcy (Scotland) Act 2016), of his estate”.

(5) In section 232(2)(d) (property: general provisions), for the words from “, permanent” to the end substitute “or liquidator or in the trustee or interim trustee in the sequestration, under the Bankruptcy (Scotland) Act 2016), of his estate;”.

(6) In section 311 (insolvency)—

(a)in subsection (3)—

(i)in paragraph (c), for the words from “section 2” to “Order” substitute “section 286 of the 1986 Act, Article 259 of the 1989 Order or section 54 of the 2016 Act”; and

(ii)in paragraph (f), for “1985” substitute “2016”,

(b)in subsection (7)—

(i)omit paragraph (a);

(ii)after paragraph (c) insert—

(d)the 2016 Act means the Bankruptcy (Scotland) Act 2016; and

(iii)for “(a) to (c)” substitute “(b) to (d)” ; and

(c)in subsection (8)(a), for the words from “1985” to “1985” substitute “2016 Act is the applicable enactment, any property comprised in an estate to which that”.

(7) In section 420 (modifications of the Bankruptcy (Scotland) Act 1985)—

(a)in subsection (2), for “1985”(48) substitute “2016”;

(b)in subsection (4), for—

(i)“permanent trustee” substitute “trustee in the sequestration”; and

(ii)“48 of the 1985” substitute “122 of the 2016”; and

(c)in subsection (5), for “2(5) of the 1985” substitute “54(1) of the 2016”.

(8) The title of section 420 becomes “Modifications of the 2016 Act”.

(9) In section 421 (restriction of powers)—

(a)in subsection (3)(a), for “31(8) of the 1985” substitute “79 of the 2016”;

(b)in subsection (3)(b) for—

(i)“32(2)” substitute “90 or 95”; and

(ii)“permanent trustee” substitute “trustee in the sequestration”;

(c)in subsection (3)(c), for—

(i)“31(10) or 32(6)” substitute “79(4) or 86(4) and (5)”; and

(ii)“permanent trustee” substitute “trustee in the sequestration”;

(d)in subsection (4), for “1985” substitute “2016”; and

(e)omit subsections (5) and (6).

(10) In section 422 (tainted gifts), in each of subsections (2) and (3), for “34 or 36 of the 1985” substitute “98 or 99 of the 2016”.

(11) In section 432(4) (insolvency practitioners)—

(a)omit “the 1985 Act,”; and

(b)after “1989 Order” insert “, the 2016 Act”.

(12) In section 434 (interpretation)—

(a)in subsection (1)—

(i)omit paragraphs (a) and (c); and

(ii)after paragraph (e) insert—

(f)the 2016 Act is the Bankruptcy (Scotland) Act 2016;, and

(b)in subsection (2), for “12(4) of the 1985” substitute “22(7) of the 2016”.

(13) In paragraph 3 of Schedule 3 (administrators: further provision), in sub-paragraph (10), for “74 of the Bankruptcy (Scotland) Act 1985 (c.66)” substitute “229 of the Bankruptcy (Scotland) Act 2016”.

Commencement Information

I25Sch. 1 para. 25 in force at 30.11.2016, see art. 1

Pensions Act 2004U.K.

26.—(1) The Pensions Act 2004(49) is amended as follows.

(2) In section 38(10)(c) (contribution notices where avoidance of employer debt), for “74 of the Bankruptcy (Scotland) Act 1985 (c.66)” substitute “229 of the Bankruptcy (Scotland) Act 2016”.

(3) In section 51(3)(c) (interpretation), for “74 of the Bankruptcy (Scotland) Act 1985 (c.66)” substitute “229 of the Bankruptcy (Scotland) Act 2016”.

(4) In section 53(6)(c) (restoration orders: supplementary), for “74 of the Bankruptcy (Scotland) Act 1985 (c.66)” substitute “229 of the Bankruptcy (Scotland) Act 2016”.

(5) In section 57(2)(c) (partnerships and limited liability partnerships), for “74 of the Bankruptcy (Scotland) Act 1985 (c.66)” substitute “229 of the Bankruptcy (Scotland) Act 2016”.

(6) In section 121 (insolvency event, insolvency date and insolvency practitioner)—

(a)in subsection (4)(b), for “12 of the Bankruptcy (Scotland) Act 1985 (c.66)” substitute “22 of the Bankruptcy (Scotland) Act 2016”; and

(b)omit subsection (11)(a).

Commencement Information

I26Sch. 1 para. 26 in force at 30.11.2016, see art. 1

Income Tax (Trading and Other Income) Act 2005U.K.

27.  In section 259(a) of the Income Tax (Trading and Other Income) Act 2005(50) (meaning of “statutory insolvency arrangement”), for the words from “Schedule” to the end substitute “the Insolvency (Northern Ireland) Order 1989 or schedule 4 to the Bankruptcy (Scotland) Act 2016”.

Commencement Information

I27Sch. 1 para. 27 in force at 30.11.2016, see art. 1

Gambling Act 2005U.K.

28.—(1) The Gambling Act 2005(51) is amended as follows.

(2) In section 114(1)(d) (operating licences: lapse), for “12(1) of the Bankruptcy (Scotland) Act 1985 (c.66)” substitute “22(1) of the Bankruptcy (Scotland) Act 2016”.

(3) In section 194(1)(d) (premises licences: lapse), for “12(1) of the Bankruptcy (Scotland) Act 1985 (c.66)” substitute “22(1) of the Bankruptcy (Scotland) Act 2016”.

(4) In paragraph 15 of Schedule 10 (family entertainment centre gaming machine permits), in sub-paragraph (1)(d), for “12(1) of the Bankruptcy (Scotland) Act 1985 (c.66)” substitute “22(1) of the Bankruptcy (Scotland) Act 2016”.

(5) In paragraph 15 of Schedule 14 (prize gaming permits), in sub-paragraph (1)(d), for “12(1) of the Bankruptcy (Scotland) Act 1985 (c.66)” substitute “22(1) of the Bankruptcy (Scotland) Act 2016”.

Commencement Information

I28Sch. 1 para. 28 in force at 30.11.2016, see art. 1

Companies Act 2006U.K.

29.—(1) The Companies Act 2006(52) is amended as follows.

(2) In section 102(5) (re-registration of private limited company as unlimited)—

(a)for paragraph (a) substitute—

(a)a trustee or interim trustee in the sequestration under the Bankruptcy (Scotland) Act 2016 of the estate of a member of the company;; and

(b)in paragraph (b), for “1985” substitute “2016”.

(3) In section 109(5) (re-registration of public company as private and unlimited)—

(a)for paragraph (a) substitute—

(a)a trustee or interim trustee in the sequestration under the Bankruptcy (Scotland) Act 2016 of the estate of a member of the company;; and

(b)in paragraph (b), for “1985” substitute “2016”.

(4) In section 148(4)(a)(ii) (termination or suspension of nomination), for “1985 (c.66)” substitute “2016”.

(5) In section 310(3)(b) (persons entitled to receive notice of meetings), for “1985 (c.66)” substitute “2016”.

(6) In section 982(8) (further provision about consideration held on trust under section 981(9) of the Companies Act 2006)—

(a)for “58 of the Bankruptcy (Scotland) Act 1985 (c.66)” substitute “150 of the Bankruptcy (Scotland) Act 2016”; and

(b)for “57(1)(a)” substitute “148(3)”.

(7) In Part 6 of Schedule 5 (communications by a company: supplementary provisions), in paragraph 17(5)—

(a)in paragraph (b), for “1985 (c.66)” substitute “2016”; and

(b)for “permanent or interim trustee (within the meaning of that Act)” substitute “trustee or interim trustee (under that Act)”.

Commencement Information

I29Sch. 1 para. 29 in force at 30.11.2016, see art. 1

Armed Forces Act 2006U.K.

30.  In section 356(4)(b)(ii) of the Armed Forces Act 2006(53) (avoidance of assignment of, or charge on, pay and pensions etc.)—

(a)for “permanent trustee in a sequestration” substitute “trustee in the sequestration of a person’s estate”; and

(b)for “1985 (c.66)” substitute “2016”.

Commencement Information

I30Sch. 1 para. 30 in force at 30.11.2016, see art. 1

Serious Crime Act 2007U.K.

31.  In section 27(8) of the Serious Crime Act 2007(54) (powers to wind up companies etc: England and Wales), for “1985 (c.66)” substitute “2016”.

Commencement Information

I31Sch. 1 para. 31 in force at 30.11.2016, see art. 1

Banking Act 2009U.K.

32.  In section 103 of the Banking Act 2009(55) (general powers, duties and effect), in the entry in the table of applied provisions which relates to section 185 of the Insolvency Act 1986, for “section 37(1) of the Bankruptcy (Scotland) Act 1985” substitute “section 24(1) and (2) of the Bankruptcy (Scotland) Act 2016”.

Commencement Information

I32Sch. 1 para. 32 in force at 30.11.2016, see art. 1

Corporation Tax Act 2009U.K.

33.  In section 1319 of the Corporation Tax Act 2009(56) (other definitions), in paragraph (a) of the definition of “statutory insolvency arrangement”(57), for the words from “Schedule” to the end substitute “the Insolvency (Northern Ireland) Order 1989 or schedule 4 to the Bankruptcy (Scotland) Act 2016”.

Commencement Information

I33Sch. 1 para. 33 in force at 30.11.2016, see art. 1

Coroners and Justice Act 2009U.K.

34.—(1) The Coroners and Justice Act 2009(58) is amended as follows.

(2) In section 164(6) (the available amount), for the definition of “preferred debts” substitute—

“preferred debts” has the meaning given by section 129(2) of the Bankruptcy (Scotland) Act 2016;.

(3) In section 165(3)(c) (property), for the words from “permanent” to “c.66))” substitute “trustee or interim trustee in a sequestration of the person’s estate under the Bankruptcy (Scotland) Act 2016”.

Commencement Information

I34Sch. 1 para. 34 in force at 30.11.2016, see art. 1

Third Parties (Rights against Insurers) Act 2010U.K.

35.—(1) The Third Parties (Rights against Insurers) Act 2010(59) is amended as follows.

(2) In section 4 (individuals)—

(a)in subsection (2)—

(i)for “any” substitute “either”;

(ii)for the words from “that”, where it first occurs, to “estate)” substitute “the individual’s estate”;

(iii)in paragraph (a), for “under section 5 of the Bankruptcy (Scotland) Act 1985” substitute “by virtue of section 2 or 5 of the Bankruptcy (Scotland) Act 2016”;

(iv)at the end of paragraph (a) insert “or”; and

(v)omit paragraph (c) and the “or” which immediately precedes paragraph (c).

(b)in subsection (5), for “under section 5 of the Bankruptcy (Scotland) Act 1985” substitute “by virtue of section 2 or 5 of the Bankruptcy (Scotland) Act 2016”; and

(c)omit subsection (6).

(3) In section 5(2) (individuals who die insolvent)—

(a)in paragraph (b), for “under section 5 of the Bankruptcy (Scotland) Act 1985” substitute “by virtue of section 2 or 5 of the Bankruptcy (Scotland) Act 2016”; and

(b)in paragraph (c), for “1985” substitute “2016”.

(4) In section 6 (corporate bodies etc.)—

(a)in subsection (3)—

(i)in paragraph (a), for “under section 6 of the Bankruptcy (Scotland) Act 1985” substitute “by virtue of section 6 of the Bankruptcy (Scotland) Act 2016”;

(ii)in paragraph (b), for “under” substitute “by virtue of”;

(iii)at the end of paragraph (b) insert “or”;

(iv)in paragraph (c), for “1985” substitute “2016”; and

(v)omit paragraph (d) and the “or” which immediately precedes paragraph (d).

(b)in subsection (7), for “under section 6 of the Bankruptcy (Scotland) Act 1985” substitute “by virtue of section 6 of the Bankruptcy (Scotland) Act 2016”;

(c)omit subsection (8); and

(d)in subsection (9)(c), for “under section 6 of the Bankruptcy (Scotland) Act 1985” substitute “by virtue of section 6 of the Bankruptcy (Scotland) Act 2016”.

(5) In section 7 (Scottish trusts)—

(a)in subsection (1)—

(i)in paragraph (a), for “under section 6 of the Bankruptcy (Scotland) Act 1985” substitute “by virtue of section 6 of the Bankruptcy (Scotland) Act 2016”;

(ii)at the end of paragraph (a) insert “or”; and

(iii)omit paragraph (c) and the “or” which immediately precedes paragraph (c);

(b)in subsection (2), for “under section 6 of the Bankruptcy (Scotland) Act 1985” substitute “by virtue of section 6 of the Bankruptcy (Scotland) Act 2016”;

(c)omit subsection (3); and

(d)in subsection (4), for “under section 6 of the Bankruptcy (Scotland) Act 1985” substitute “by virtue of section 6 of the Bankruptcy (Scotland) Act 2016”.

(6) In section 14 (effect of transfer on insured’s liability) omit subsections (4) and (5).

(7) In section 19A(1) (interpretation) omit “and 14(4)”.

Commencement Information

I35Sch. 1 para. 35 in force at 30.11.2016, see art. 1

PART 2U.K.Secondary Legislation

Insolvency (Scotland) Rules 1986U.K.

36.—(1) The Insolvency (Scotland) Rules 1986(60) are amended as follows.

(2) In rule 0.2(1) (interpretation), omit the definition of “the Bankruptcy Act”.

(3) For rule 4.76 (limitation) substitute—

Limitation

4.76.(1) The provisions in paragraph (2) apply in relation to the liquidation as they apply in relation to a sequestration subject to the substitution of “petition for winding up” for references to “petition for sequestration” and to any other necessary modifications.

(2) The provisions are—

(a)sections 13(5) and 46(8), as read with section 228(8) to (10), of the Bankruptcy (Scotland) Act 2016;

(b)article 6(1)(a) and (b), (2) and (3) of the Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016..

Commencement Information

I36Sch. 1 para. 36 in force at 30.11.2016, see art. 1

Insolvency (Northern Ireland) Order 1989U.K.

37.—(1) The Insolvency (Northern Ireland) Order 1989(61) is amended as follows.

(2) In Article 4(5)(a) (definition of “associate”), for “1985” substitute “2016”.

(3) In Article 349(5)(a) (persons not qualified to act as insolvency practitioners), after “1985” insert “or 2016”.

Commencement Information

I37Sch. 1 para. 37 in force at 30.11.2016, see art. 1

Company Directors Disqualification (Northern Ireland) Order 2002U.K.

38.  In Article 15(1A)(b)(ii) of the Company Directors Disqualification (Northern Ireland) Order 2002(62) (undischarged bankrupts), after “1985” insert “or 2016”.

Commencement Information

I38Sch. 1 para. 38 in force at 30.11.2016, see art. 1

Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005U.K.

39.—(1) The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005(63) is amended as follows.

(2) In article 3(4) (insolvency practitioners)—

(a)omit “the 1985 Act,”; and

(b)after “1986 Act,” insert “the 2016 Act,”.

(3) In article 4 (insolvency practitioners: interpretation)—

(a)omit paragraph (6)(c);

(b)insert after paragraph (6)(d)—

(da)the 2016 Act is the Bankruptcy (Scotland) Act 2016;; and

(c)in paragraph (7), for “12(4) of the 1985” substitute “22(7) of the 2016”.

(4) In article 141P (giving effect in England and Wales and Northern Ireland to External Requests by means of Civil Proceedings: insolvency)(64)—

(a)in paragraph (2)(c)—

(i)omit “section 2 of the 1985 Act,”; and

(ii)after “1986 Act,” insert “, section 54 of the 2016 Act”; and

(b)in paragraph (2)(f), for “1985” substitute “2016”.

(5) In article 141Q (giving effect in England and Wales and Northern Ireland to External Requests by means of Civil Proceedings: insolvency interpretation)(65)—

(a)omit paragraph (2); and

(b)insert after paragraph (3)—

(3A) The 2016 Act means the Bankruptcy (Scotland) Act 2016..

(6) In article 141ZL (giving effect in Scotland to External Requests by means of Civil Proceedings: insolvency)(66)—

(a)in paragraph (2)(c)—

(i)omit “section 2 of the 1985 Act,”; and

(ii)after “1986 Act,” insert “, section 54 of the 2016 Act”; and

(b)in paragraph (2)(f), for “1985” substitute “2016”.

(7) In article 141ZM (giving effect in Scotland to External Requests by means of Civil Proceedings: insolvency interpretation)(67)—

(a)omit paragraph (2); and

(b)insert after paragraph (3)—

(3A) The 2016 Act means the Bankruptcy (Scotland) Act 2016..

(8) In article 208 (insolvency)—

(a)in paragraph (2)(c)—

(i)omit “section 2 of the 1985 Act,”; and

(ii)after “1986 Act” insert “, section 54 of the 2016 Act”;

(b)in paragraph (2)(f), for “1985” substitute “2016”;

(c)in paragraph (6)—

(i)omit sub-paragraph (a); and

(ii)insert after paragraph (b)—

(ba)the 2016 Act means the Bankruptcy (Scotland) Act 2016,; and

(d)in paragraph (7)(a) for “1985” it each place where it occurs substitute “2016”.

Commencement Information

I39Sch. 1 para. 39 in force at 30.11.2016, see art. 1

(1)

1972 c.11; section 5(2) was amended by the Bankruptcy (Scotland) Act 1985 (c.66), Schedule 7, paragraph 9.

(2)

1974 c.40; sections 30Y and 30Z were inserted by the Environment Act 1995 (c.25), section 59 and amended in relation to Scotland by the Regulatory Reform (Scotland) Act 2014 (asp 3), schedule 3, paragraph 16(3).

(3)

1979 c.2; the definition of “representative” was inserted by the Finance Act 1997 (c.16), Schedule 6, paragraph 2(4).

(5)

Section 51(6) was amended by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (“the 2007 Act”), section 3(4).

(6)

Section 23A of the 2016 Act is prospectively inserted by section 127A of the 2007 Act, as inserted by paragraph 23(2) of schedule 8 to the 2016 Act. This will allow section 23A to be brought into force at the same time as Chapter 2 (land attachment) of Part 4 of the 2007 Act.

(7)

Section 193(3) was amended by S.I. 2009/1941, Schedule 1, paragraph 75(21).

(8)

Section 388(3) was amended by S.I. 1994/2421, article 15(2).

(9)

Section 388(5) was substituted by the Bankruptcy (Scotland) Act 1993 (c.6) (“the 1993 Act”), section 11(1).

(10)

Section 389(2) was amended by the 1993 Act, section 11(2).

(11)

Section 390(5) was substituted by the Small Business, Enterprise and Employment Act 2015 (c.26) (“the 2015 Act”), section 115(b).

(12)

Section 426(10)(b) was amended by the Insolvency Act 2000, Schedule 4, paragraph 16(3)(b).

(13)

Section 11(2) was substituted by the 2015 Act, section 113(1).

(14)

1986 c.46.

(15)

1989 c.40.

(16)

Section 159(2) was amended by S.I. 2013/504, regulation 4(6)(c).

(17)

Section 163(3) was amended by S.I. 2009/853, regulation 2(7)(b).

(18)

Section 164(3) was amended by S.I. 2009/853, regulation 2(8).

(19)

Section 190(1) was amended by S.I. 2001/3649, article 89, the Financial Services Act 2012 (c.21), Schedule 18, paragraph 70, S.I. 2013/504, regulation 4(18)(b)(i) and S.I. 2013/1908, regulation 2(12).

(20)

Section 190(6) was substituted by S.I. 2013/504, regulation 4(18)(e).

(21)

The table was substituted by S.I. 2013/504, Schedule 1, paragraph 1.

(22)

1990 c.43; section 78X(4)(e) was inserted by the Environment Act 1995 (c.25) (“the 1995 Act”), section 57.

(23)

1991 c.57; sections 91A and 91B were inserted by the 1995 Act, section 58.

(24)

1992 c.5; section 78(3B) was inserted by the Jobseekers Act 1995 (c.18), section 32(2) and is prospectively repealed by the Welfare Reform Act 2012 (c.5), Schedule 14, Part 8.

(25)

1992 c.12.

(26)

1993 c.48.

(27)

Section 47(7) was inserted by the Welfare Reform and Pensions Act 1999 (c.30), Schedule 2, paragraph 6.

(28)

1994 c.23.

(29)

Section 78A was inserted by the Finance Act 1997 (c.16), section 45(1).

(30)

1995 c.26.

(31)

1995 c.43.

(32)

1996 c.8.

(33)

1996 c.18.

(34)

1996 c.53.

(35)

1997 c.16.

(36)

1999 c.30.

(37)

2000 c.8.

(38)

Section 358(2) was amended by the Financial Services Act 2012 (c.21) (“the 2012 Act”), Schedule 14, paragraph 5(2) and (3).

(39)

Section 358(6A) was inserted by the 2012 Act, Schedule 14, paragraph 5(6).

(40)

Section 372(1) was amended by, and section 372(1A) inserted by, the 2012 Act, Schedule 14, paragraph 20(2) and (3).

(41)

Section 374(1) was amended by the 2012 Act, Schedule 14, paragraph 22(2).

(42)

Section 374(2) was amended by the 2012 Act, Schedule 14, paragraph 22(3).

(43)

2000 c.11.

(44)

2000 c.12.

(45)

2000 c.17.

(46)

2001 c.9.

(47)

2002 c.29.

(48)

Section 420(2) was substituted by the Policing and Crime Act 2009 (c.26), Schedule 7, paragraph 82.

(49)

2004 c.35.

(50)

2005 c.5.

(51)

2005 c.19.

(52)

2006 c.46.

(53)

2006 c.52.

(54)

2007 c.27.

(55)

2009 c.1.

(56)

2009 c.4.

(57)

The definition of “statutory insolvency arrangement” was inserted by the Corporation Tax Act 2010 (c.4), paragraph 701(3) of Schedule 1.

(58)

2009 c.25.

(59)

2010 c.10.

(61)

S.I. 1989/2405; Article 349(5)(a) was substituted by the Small Business, Enterprise and Employment Act 2015 (c.26) (“the 2015 Act”), section 116(3).

(62)

S.I. 2002/3150; Article 15(1A) was inserted by the 2015 Act, section 114.

(63)

S.I. 2005/3181, amended by S.I. 2013/2604.

(64)

Article 141P was inserted by article 3 of S.I. 2013/2604.

(65)

Article 141Q was inserted by article 3 of S.I. 2013/2604.

(66)

Article 141ZL was inserted by article 3 of S.I. 2013/2604.

(67)

Article 141ZM was inserted by article 3 of S.I. 2013/2604.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources