SCHEDULE 6

Freezing orders in respect of property liable to forfeiture

Sequestration
8
1
Where the estate of a person is sequestrated—
a
property for the time being subject to a freezing order made before the date of sequestration (within the meaning of section 22(7) of the 2016 Act); and
b
any proceeds of property realised by virtue of paragraph 5(2) above for the time being in the hands of a receiver appointed under that paragraph,
is excluded from the debtor’s estate for the purposes of that Act.
2
Where an award of sequestration is made before a freezing order is made, the powers conferred on a receiver appointed under paragraph 5(2) above shall not be exercised in relation to—
a
property for the time being comprised in the whole estate of the debtor (within the meaning of section 79(1) of the 2016 Act);
b
any income of the debtor which has been ordered under section 90 of that Act to be paid to the permanent trustee; or
c
any estate which under section 79(4) or 86(5) of that Act vests in the trustee in the sequestration;
and it shall not be competent to submit a claim in relation to the freezing order to the interim trustee in accordance with section 46 of that Act or the trustee in the sequestration in accordance with section 122 of that Act.
3
Nothing in the 2016 Act shall be taken as restricting, or enabling the restriction of, the exercise of the powers conferred on a receiver so appointed.
4
Where, during the period before sequestration is awarded, an interim trustee stands appointed under section 54(1) of the 2016 Act and any property in the debtor’s estate is subject to a freezing order, the powers conferred on the interim trustee by virtue of that Act do not apply to property for the time being subject to the freezing order.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Word in sch. 6 para. 8(3) substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 17(2)(f) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
Words in sch. 6 para. 8(4) substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 17(2)(g) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
Words in sch. 6 para. 8(2) substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 17(2)(b) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
Word in sch. 6 para. 8(2)(b) substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 17(2)(d) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
Words in sch. 6 para. 8(1)(a) substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 17(2)(a) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
Words in sch. 6 para. 8(2)(a) substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 17(2)(c) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
Words in sch. 6 para. 8(2)(c) substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 17(2)(e) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
Sch. 6 para. 8(5) omitted (30.11.2016) by virtue of Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 17(2)(h) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2