PART 3

Initial stages of sequestration, statutory meeting and trustee vote

Initial stages

Offences in relation to interim preservation of estate
40
1
If a debtor—
a
fails without reasonable excuse to comply with a direction under subsection (1), (6)(b), (7)(b) or (9)(b), or a requirement under subsection (2)(a), (c) or (f), of section 39, or
b
obstructs the interim trustee where the interim trustee is acting in pursuance of subsection (4)(a) of that section,
then the debtor commits an offence.
2
A person who commits an offence under subsection (1) is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum, or—
i
in a case where the person has previously been convicted of an offence inferring dishonest appropriation of property or an attempt at dishonest appropriation of property, to imprisonment for a term not exceeding 6 months, or
ii
in any other case, to imprisonment for a term not exceeding 3 months,
or both to a fine not exceeding the statutory maximum and to such imprisonment as is mentioned, in relation to the case in question, in sub-paragraph (i) or (ii), or
b
on conviction on indictment—
i
to a fine, or
ii
to imprisonment for a term not exceeding 2 years,
or both to a fine and to such imprisonment.
S. 40 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2