PART 1

Application or petition for sequestration

Jurisdiction

Jurisdiction
15
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.
9
This section is subject to Article 3 of the EU insolvency proceedings regulation.
S. 15 modified (30.11.2016) by The Bankruptcy (Scotland) Regulations 2016 (S.S.I. 2016/397), regs. 1, 31(3)
S. 15 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2
Word in s. 15(9) substituted (26.6.2017) by The Insolvency (Regulation (EU) 2015/848) (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/210), regs. 1, 4(9) (with reg. 9)