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Bankruptcy (Scotland) Act 2016
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Changes to legislation:
Bankruptcy (Scotland) Act 2016, Section 159 is up to date with all changes known to be in force on or before 23 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 159:
- s. 31(5)(a) inserted by 2024 asp 9 s. 4(3)(c)(i)
- s. 31(5)(b) inserted by 2024 asp 9 s. 4(3)(c)(ii)
- s. 32(4)(b)(i)(ii) and words substituted for words by 2024 asp 9 s. 5(3)(a)
- s. 33(1)(aa) inserted by 2024 asp 9 s. 4(5)(b)
- s. 34(A1) inserted by 2024 asp 9 s. 4(6)(a)
- s. 34(1)(a)(i)(ii) and words substituted for words by 2024 asp 9 s. 5(4)
- s. 34(1A) inserted by 2024 asp 9 s. 4(6)(b)
- s. 35(2)(a)(b) inserted by 2024 asp 9 s. 4(7)(b)
- s. 35(2A)(2B) inserted by 2024 asp 9 s. 4(7)(c)
- s. 35(6)(a)(i)(ii) and words substituted for words by 2024 asp 9 s. 5(5)(b)
- s. 35(6A)-(6C) inserted by 2024 asp 9 s. 4(7)(e)
- s. 37A inserted by 2024 asp 9 s. 5(6)
- s. 78(2)(a) words in s. 78(2) renumbered as s. 78(2)(a) by 2019 asp 4 s. 7(2)(a)
- s. 78(2)(b) and word inserted by 2019 asp 4 s. 7(2)(b)
- s. 147A-147C and cross-heading inserted by 2024 asp 9 s. 12(2)
- s. 214(2)(qa) inserted by 2024 asp 9 s. 12(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 31(5)(a) inserted by 2024 asp 9 s. 4(3)(c)(i)
- s. 31(5)(b) inserted by 2024 asp 9 s. 4(3)(c)(ii)
- s. 32(4)(b)(i)(ii) and words substituted for words by 2024 asp 9 s. 5(3)(a)
- s. 33(1)(aa) inserted by 2024 asp 9 s. 4(5)(b)
- s. 34(A1) inserted by 2024 asp 9 s. 4(6)(a)
- s. 34(1)(a)(i)(ii) and words substituted for words by 2024 asp 9 s. 5(4)
- s. 34(1A) inserted by 2024 asp 9 s. 4(6)(b)
- s. 35(2)(a)(b) inserted by 2024 asp 9 s. 4(7)(b)
- s. 35(2A)(2B) inserted by 2024 asp 9 s. 4(7)(c)
- s. 35(6)(a)(i)(ii) and words substituted for words by 2024 asp 9 s. 5(5)(b)
- s. 35(6A)-(6C) inserted by 2024 asp 9 s. 4(7)(e)
- s. 37A inserted by 2024 asp 9 s. 5(6)
- s. 78(2)(a) words in s. 78(2) renumbered as s. 78(2)(a) by 2019 asp 4 s. 7(2)(a)
- s. 78(2)(b) and word inserted by 2019 asp 4 s. 7(2)(b)
- s. 147A-147C and cross-heading inserted by 2024 asp 9 s. 12(2)
- s. 214(2)(qa) inserted by 2024 asp 9 s. 12(3)
159Duration of bankruptcy restrictions order and application for revocation or variationS
(1)A bankruptcy restrictions order—
(a)comes into force when made, and
(b)ceases to have effect at the end of a day specified, for the purposes of this paragraph, in the order.
(2)The day specified under subsection (1)(b)—
(a)in the case of an order made by AiB—
(i)must not be before the expiry of 2 years beginning with the day on which the order is made, but
(ii)must be within 5 years beginning with that day, and
(b)in the case of an order made by the sheriff—
(i)must not be before the expiry of the 5 years beginning with the day on which the order is made, but
(ii)must be within 15 years beginning with that day.
(3)On an application by the debtor, the person mentioned in subsection (4) may—
(a)revoke a bankruptcy restrictions order, or
(b)vary it.
(4)The person is, in the case of a bankruptcy restrictions order —
(a)made by AiB, AiB, and
(b)made by the sheriff, the sheriff.
(5)If an application under subsection (3) is made to AiB, AiB must—
(a)take into account any representations made, within 21 days beginning with the day on which the application is made, by an interested person, and
(b)confirm, revoke or vary the order within 28 days beginning with that day.
(6)The debtor may appeal to the sheriff against any decision of AiB under subsection (5)(b) within 14 days beginning with the date of the decision.
(7)The sheriff may—
(a)in determining such an appeal, or
(b)otherwise on an application by AiB,
make an order providing that the debtor may not make another application under subsection (3) for such period as may be specified in the order.
(8)Variation under subsection (3)(b) may include providing for such an order to cease to have effect at the end of a day earlier than that specified under subsection (1)(b).
Commencement Information
I1S. 159 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2
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