Part 1Bankruptcy
Jurisdiction
16Sequestration proceedings to be competent only before sheriff
(1)
In section 9 of the 1985 Act (jurisdiction)—
(a)
in subsection (1)—
(i)
for  “Court of Session” substitute “
                            sheriff
                          ”
; and
(ii)
for  “Scotland” substitute “
                            the sheriffdom
                          ”
;
(b)
in subsection (2)—
(i)
for  “Court of Session” substitute “
                            sheriff
                          ”
; and
(ii)
for  “Scotland”, in both places where it occurs, substitute “
                            the sheriffdom
                          ”
;
(c)
in subsection (3), for  “Court of Session” substitute “
                        sheriff
                      ”
; and
(d)
subsection (4) is repealed.
(2)
In section 15 of that Act (further provisions relating to award of sequestration)—
(a)
subsection (1) is repealed;
(b)
in subsection (2)—
(i)
for  “Court of Session” substitute “
                            sheriff
                          ”
;
(ii)
for  “it”, where it first occurs, substitute “
                            him and subject to subsection (2A) below
                          ”
; and
(iii)
the words from “from” to “remitted” are repealed;
(c)
“(2A)
The debtor may, with leave of the sheriff, appeal to the sheriff principal against a transfer under subsection (2) above.”;
(d)
in subsection (3), for  “court” substitute “
                        sheriff
                      ”
; and
(e)
in subsection (5), for  “clerk of the court” substitute “
                        sheriff clerk
                      ”
.
(3)
In section 16 of that Act (petitions for recall), in subsection (1), for  “Court of Session” substitute “
                    sheriff
                  ”
.
(4)
In section 17 of that Act (recall)—
(a)
in subsection (1)—
(i)
for  “Court of Session” substitute “
                            sheriff
                          ”
; and
(ii)
for  “it”, in the first and third places where it occurs, substitute “
                            
                            ;he
                            
                          ”
;
(b)
in subsection (2)—
(i)
for  “Court” substitute “
                            sheriff
                          ”
; and
(ii)
for  “it” substitute “
                            he
                          ”
;
(c)
in subsection (3)—
(i)
for  “Court” substitute “
                            sheriff
                          ”
; and
(ii)
in paragraph (c), for  “it” substitute “
                            he
                          ”
;
(d)
in subsection (6)—
(i)
for  “Court” substitute “
                            sheriff
                          ”
; and
(ii)
for  “it”, in the second and third places where it occurs, substitute “
                            he
                          ”
;
(e)
in subsection (7)—
(i)
for  “Court” substitute “
                            sheriff
                          ”
; and
(ii)
for  “it” substitute “
                            he
                          ”
; and
(f)
in subsection (8), for  “clerk of the court” substitute “
                        sheriff clerk
                      ”
.