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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