Bankruptcy (Scotland) Act 2016

Effect of recall of sequestration

161 Bankruptcy restrictions orders and interim bankruptcy restrictions orders: effect of recall of sequestration

(1) Where an award of sequestration of a debtor’s estate is recalled under section 30(1)—

(a) the sheriff may revoke any bankruptcy restrictions order or interim bankruptcy restrictions order in force in respect of the debtor, and

(b) no new bankruptcy restrictions order or interim bankruptcy restrictions order may be made in respect of the debtor.

(2) Where the sheriff refuses to revoke, under subsection (1)(a), a bankruptcy restrictions order or interim bankruptcy restrictions order the debtor may, within 28 days after the date on which the award of sequestration is recalled, appeal to the Sheriff Appeal Court against the refusal.

(3) The decision of the Sheriff Appeal Court on an appeal under subsection (2) is final.

(4) Where an award of sequestration of a debtor’s estate is recalled under section 34(1) or 35(6)—

(a) AiB may revoke any bankruptcy restrictions order or interim bankruptcy restrictions order in force in respect of the debtor, and

(b) no new bankruptcy restrictions order or interim bankruptcy restrictions order may be made in respect of the debtor.

(5) Where AiB refuses to revoke under subsection (4) a bankruptcy restrictions order or interim bankruptcy restrictions order, the debtor may apply to AiB for a review of the refusal.

(6) Any application under subsection (5) must be made within 14 days beginning with the day on which the award of sequestration is recalled.

(7) If an application under subsection (5) is made, AiB must—

(a) take into account any representations made by an interested person within 21 days beginning with the day on which the application is made, and

(b) confirm the refusal or revoke the order within 28 days beginning with that day.

(8) The debtor may appeal to the sheriff against any decision of AiB under subsection (7)(b) within 14 days beginning with the day of the decision.

(9) The decision of the sheriff on an appeal under subsection (8) is final.