The Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No. 4, Savings and Transitionals) Order 2009

Article 3(2) and (3)

SCHEDULE 1Provisions of schedule 5 (minor and consequential amendments) coming into force on 22nd April 2009

Column 1 – provisionsColumn 2 – purpose

1.  Paragraph 5 (the Judicial Factors (Scotland) Act 1889)(1)

2.  In paragraph 7 (the Execution of Diligence (Scotland) Act 1926)(2)–

(a)sub-paragraph (1)

For the purposes of the provisions commenced in this Order

(b)sub-paragraph (2)(b)(iii), (d) and (3)(b)

(c)sub-paragraph (2)(c)

For the purposes of the substitution of the term “solicitor” for “law agent”

3.  In paragraph 13 (the Bankruptcy (Scotland) Act 1985)(3)–

(a)sub-paragraph (1)

For the purposes of the provision commenced in this Order

(b)sub-paragraph (3)(b)

4.  In paragraph 16 (the Debtors (Scotland) Act 1987)(4)–

(a)sub-paragraph (1)

For the purposes of the provisions commenced in this Order

(b)sub-paragraph (2)(c)

(c)sub-paragraph (2)(f)

(d)sub-paragraph (4)(c)

(e)sub-paragraph (5)

(f)sub-paragraph (6)

(g)sub-paragraph (7)(a), (ii), (iv) and (b)

(h)sub-paragraph (8)(e)(i), (f) and (h)

5.  Paragraph 18(a)(ii) (the Child Support Act 1991)(5).

For all purposes except substituting the reference to an action of adjudication

6.  Paragraph 22 (the Proceeds of Crime (Scotland) Act 1995)(6).

7.  Paragraph 29 (the Proceeds of Crime (Scotland) Act 2002)(7).

8.  In paragraph 30 (the Debt Arrangement and Attachment (Scotland) Act 2002)(8)–

(a)sub-paragraph (1)

For the purposes of the provisions commenced in this Order

(b)sub-paragraphs (4), (9) and (11)(a)(i)

(8)

2002 asp 17, amended by S.S.I. 2004/ 468 and the Act, sections 173, 209(1), 211 and 212 and schedule 5, paragraph 30, schedule 4, paragraph 10 and schedule 6, Part 1.