Point in time view as at 01/08/2017. This version of this provision has been superseded.
Bankruptcy (Scotland) Act 2016, Section 191 is up to date with all changes known to be in force on or before 25 July 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.
(1)An affidavit required under section 190(2) must—
(a)state that main proceedings have been opened in relation to the debtor in a member State other than the United Kingdom,
[F1(b)state that the member State insolvency practitioner believes that the conversion of the protected trust deed into sequestration would be most appropriate as regards the interests of the local creditors and coherence between the main and secondary proceedings,]
(c)contain such other information as the member State [F2insolvency practitioner] considers will be of assistance to AiB—
(i)in deciding whether to make an order under section 192, and
(ii)if AiB were to do so, in considering the need for any consequential provision that would be necessary or desirable, and
(d)contain such other matters as may be prescribed.
(2)Any affidavit under this section must be sworn by, or on behalf of, the member State [F3insolvency practitioner] .
Textual Amendments
F1S. 191(1)(b) substituted (26.6.2017) by The Insolvency (Regulation (EU) 2015/848) (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/210), regs. 1, 4(14)(a) (with reg. 9)
F2Words in s. 191(1)(c) substituted (26.6.2017) by The Insolvency (Regulation (EU) 2015/848) (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/210), regs. 1, 4(14)(b) (with reg. 9)
F3Words in s. 191(2) substituted (26.6.2017) by The Insolvency (Regulation (EU) 2015/848) (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/210), regs. 1, 4(14)(b) (with reg. 9)
Commencement Information
I1S. 191 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2
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