Bankruptcy and Debt Advice (Scotland) Act 2014

11 Sequestration: application by executor

(1) In section 5 of the 1985 Act (sequestration of the estate of living or deceased debtor), for subsection (3), substitute—

“(3) The sequestration of the estate of a deceased debtor is—

(a) by debtor application made by the executor, or a person entitled to be appointed as executor, on the estate,

(b) on the petition of a qualified creditor, or qualified creditors, of the deceased debtor,

(c) on the petition of a temporary administrator,

(d) on the petition of a member State liquidator appointed in main proceedings, or

(e) on the petition of a trustee acting under a trust deed.”.

(2) In section 6B of the 1985 Act (debtor application: provision of information)—

(a) in subsection (1), after “application”, where it first occurs, insert “, other than an application under section 5(3)(a),”, and

(b) after subsection (2), insert—

“(2A) Where a debtor application is made by an executor under section 5(3)(a) the executor must—

(a) state in the application whether or not the debtor’s centre of main interests was situated in the United Kingdom or in another member State, and

(b) state in the application whether or not the debtor possessed an establishment in the United Kingdom or in another member State.”.

(3) In section 8A of the 1985 Act (further provisions relating to debtor applications)—

(a) in subsection (1), for “subsection (2)” substitute “subsections (2) and (2A)”, and

(b) after subsection (2), insert—

“(2A) Any intromission by an executor with the deceased debtor’s estate after the period mentioned in subsection (2B) is deemed an intromission without a title unless, within that period, the executor—

(a) makes a debtor application under section 5(3)(a), or

(b) petitions for the appointment of a judicial factor to administer the estate.

(2B) The period referred to in subsection (2A) is the period of 12 months following the day on which the executor knew or ought to have known that the estate was absolutely insolvent and likely to remain so.”.

(4) In section 12 of the 1985 Act (when sequestration is awarded)—

(a) in subsection (1) after “application”, where it first occurs, insert “, other than an application under section 5(3)(a),”, and

(b) after that subsection, insert—

“(1B) Where a debtor application is made under section 5(3)(a) the Accountant in Bankruptcy must award sequestration forthwith if the Accountant is satisfied—

(a) that the application has been made in accordance with the provisions of this Act and any provision made under this Act, and

(b) that the provisions of subsection (6A) of section 5 have been complied with.”.