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

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

39.—(1) The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005(1) 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)(2)—

(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)(3)—

(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)(4)—

(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)(5)—

(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”.

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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