SCHEDULE 1Minor and consequential amendments of the 1985 Act

60

(1)

Section 73 (interpretation) is amended as follows.

(2)

In subsection (1)—

(a)

after the definition of “associate”, insert—

““bankruptcy restrictions order” has the meaning given by section 56A(1) of this Act;

“ “bankruptcy restrictions undertaking” has the meaning given by section 56G(1) of this Act;”;

(b)

after the definition of “debtor”, insert—

““debtor application” means an application for sequestration made to the Accountant in Bankruptcy under sections 5(2)(a) or 6(3)(a), (4)(a) or (6)(a) of this Act;”;

(c)

after the definition of “the EC regulation”, insert—

““enactment” includes an Act of the Scottish Parliament and any enactment comprised in subordinate legislation under such an Act;”;

(d)

in the definition of “interim trustee”, for “2” substitute “ 2(5) ”;

(e)

after the definition of “ordinary debt”, insert—

““original trustee” shall be construed in accordance with section 24(1)(a) of this Act;”;

(f)

after the definition of “relevant person”, insert—

““replacement trustee” shall be construed in accordance with section 24(1)(b) of this Act;”;

(g)

after the definition of “sederunt book”, insert—

““sequestration proceedings” includes a debtor application and analogous expressions shall be construed accordingly;”; and

(h)

after the definition of “trust deed”, insert—

““trustee” means trustee in the sequestration;

“trustee vote” shall be construed in accordance with section 24(1) of this Act;”.

(3)

In subsection (5)(b), for “such a petition” substitute “ a debtor application ”.

(4)

In subsection (6), for “clerk of the court” substitute “ sheriff clerk ”.

(5)

After subsection (6), insert—

“(6A)

Any reference in this Act, howsoever expressed, to the time when a debtor application is made shall be construed as a reference to the time when the application is received by the Accountant in Bankruptcy.”.