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subsection (4) is repealed.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subsection (1) is repealed;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the words from “from” to “remitted” are repealed;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)

after subsection (2), insert—

“(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 ”.