PART 1Application or petition for sequestration

Jurisdiction

I1C115Jurisdiction

1

Where a petition is presented for the sequestration of the estate of a debtor (whether living or deceased), the sheriff has jurisdiction if, at the relevant time, the debtor—

a

had an established place of business in the sheriffdom, or

b

was habitually resident in the sheriffdom.

2

AiB may determine a debtor application for the sequestration of the estate of a living or deceased debtor if, at the relevant time, the debtor—

a

had an established place of business in Scotland, or

b

was habitually resident in Scotland.

3

Where a petition is presented for the sequestration of the estate of an entity which may be sequestrated by virtue of section 6, the sheriff has jurisdiction if the entity—

a

had at the relevant time an established place of business in the sheriffdom, or

b

was constituted or formed under Scots law and at any time carried on business in the sheriffdom.

4

AiB may determine a debtor application for the sequestration of the estate of such an entity if the entity—

a

had at the relevant time an established place of business in Scotland, or

b

was constituted or formed under Scots law and at any time carried on business in Scotland.

5

Even where a person (whether living or deceased) does not fall within subsection (1), the sheriff has jurisdiction in respect of the sequestration of that person's estate if—

a

a petition has been presented for the sequestration of the estate of a partnership of which the person is, or was at the relevant time before dying, a partner, and

b

the process of that sequestration is still current.

6

Subsection (7) applies as regards any proceedings under this Act which—

a

may be brought before a sheriff, and

b

relate either to a debtor application or to the sequestration of a debtor's estate following any such application.

7

The proceedings are to be brought before the sheriff who, under subsection (1) or (3), would have jurisdiction in respect of a petition for sequestration of the debtor's estate.

8

References in this section to “the relevant time” are to any time in the year immediately preceding (as the case may be)—

a

the date of presentation of the petition,

b

the date the debtor application is made, or

c

the debtor's date of death.

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