The Bankruptcy and Diligence etc. (Scotland) Act 2007 (Inhibition) Order 2009

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Bankruptcy and Diligence etc. (Scotland) Act 2007 (Inhibition) Order 2009 and comes into force on 22nd April 2009.

(2) In this Order, “the Act” means the Bankruptcy and Diligence etc. (Scotland) Act 2007.

Amendments of the Bankruptcy and Diligence etc. (Scotland) Act 2007

2.  In section 152 (conversion of limited inhibition on the dependence to inhibition in execution) of the Act–

(a) that section becomes subsection (1);

(b) in that subsection–

(i) at the beginning, insert “Subject to subsection (2) below,”; and

(ii) for “any inhibition in execution of the decree is not limited to that property” substitute “any inhibition on the dependence which, on decree, becomes an inhibition in execution of that decree, is no longer limited to that property”; and

(c) after that subsection, insert–

“(2) Subsection (1) above has effect from the beginning of the day on which–

(a) an extract of the decree (or a copy of the interlocutor certified by the clerk of court); and

(b) a notice in (or as nearly as may be in) the form set out in the Schedule to the Bankruptcy and Diligence etc. (Scotland) Act 2007 (Inhibition) Order 2009(1),

are registered in the Register of Inhibitions.”.

Form of notice for registration of decree converting limited inhibition on the dependence

3.  The form of notice mentioned in section 152(2)(b) of the Act (as inserted by article 2 of this Order) is the form set out in the Schedule to this Order.

Transitional modification – Register of Inhibitions and Adjudications

4.  Prior to the day to be appointed for the coming into force of section 80 of the Act (renaming the Register of Inhibitions and Adjudications), the references to the Register of Inhibitions–

(a) in section 152(2) of the Act (as inserted by article 2 of this Order); and

(b) in the form set out in the Schedule to this Order,

are to be read as references to the Register of Inhibitions and Adjudications.

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

26th March 2009