PART 2

Sequestration: award and recall

Award of sequestration

Registration of warrant or determination of debtor application
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1
On the sheriff granting warrant under section 22(3) the sheriff clerk must forthwith send—
a
a certified copy of the order granting the warrant to the Keeper of the Register of Inhibitions for recording in that register,
b
a copy of that order to AiB, and
c
where the debtor is taking part in a debt payment programme under Part 1 of the 2002 Act, a copy of that order to the DAS administrator (“DAS administrator” having the meaning given by regulation 2(1) of the Debt Arrangement Scheme (Scotland) Regulations 2011 (S.S.I. 2011/141)).
2
On awarding sequestration on a debtor application AiB must forthwith send a certified copy of AiB's determination of the application to the Keeper of the Register of Inhibitions for recording in that register.
3
Recording under subsection (1)(a) or (2) has the effect, as from the date of sequestration, of an inhibition and of a citation in an adjudication of the debtor's heritable estate at the instance of the creditors who subsequently have claims in the sequestration accepted under section 126.
4
The effect mentioned in subsection (3) expires—
a
on the recording by virtue of section 27(11)(a) of a certified copy of an order refusing to award sequestration or by virtue of section 30(9)(a) of a certified copy of an order recalling an award of sequestration,
b
on the recording by virtue of section 18(7), 34(4) or 35(7) of a certified copy of a decision, or
c
if the effect has not earlier expired by virtue of paragraph (a) or (b), at the end of 3 years beginning with the date of sequestration.
5
But subsection (4)(c) is subject to subsections (6) and (7).
6
The trustee may if not discharged send a memorandum, in a form prescribed by act of sederunt, to the Keeper of the Register of Inhibitions for recording in that register before the expiry of—
a
the 3 years mentioned in subsection (4)(c), or
b
a period for which the effect mentioned in subsection (3) has been renewed by virtue of subsection (7).
7
The recording of a memorandum sent in accordance with subsection (6) renews the effect mentioned in subsection (3) for 3 years beginning with the expiry of—
a
the 3 years mentioned in subsection (4)(c), or
b
as the case may be, the period mentioned in subsection (6)(b).
8
The trustee may, if appointed or reappointed under section 152, send a memorandum in a form prescribed by act of sederunt to the Keeper of the Register of Inhibitions for recording in that register before the expiry of that appointment.
9
The recording of a memorandum sent in accordance with subsection (8) imposes the effect mentioned in subsection (3) for 3 years beginning with the day of notification in accordance with section 153(1).