Savings and transitional arrangements

Sequestration before 1st April 2015
4
1
Except as mentioned in paragraph (3) and article 6, nothing brought into force by this Order has effect as regards any sequestration in respect of which—
a
the petition is presented before 1st April 2015; or
b
a debtor application was made before that date.
2
The 1985 Act, as in force immediately before 1st April 2015, continues to apply and have effect in relation to any such sequestration.
3
This article does not apply as regards the following provisions of the Act—
a
section 8 (moratorium on diligence),
b
section 12 (concurrent proceedings: recall),
c
section 20 (unclaimed dividends and unapplied balances),
d
section 22 (register of insolvencies),
e
section 24 (abolition of Edinburgh Gazette requirements),
f
section 25 (directions),
g
sections 26(1)(a), (2) and (3) and 27 (recall of sequestration),
h
section 34 (conversion of trust deed into sequestration),
i
sections 38 to 43 (review of decisions made by Accountant in Bankruptcy),
j
section 48 (renewal of inhibition period),
k
section 49 (division and sale of family home),
l
section 50 (effect of debtor discharge), and
m
in schedule 3—
i
paragraph 3(a) (moratorium on diligence and register of insolvencies),
ii
paragraphs 12 and 13 (expiry of inhibitory effect sequestration: recall),
iii
paragraphs 25 and 26 (review by Accountant in Bankruptcy of adjudication of claims),
iv
paragraph 31 (unclaimed dividends and unapplied balances), and
v
paragraph 35(b), (c) and (e) (definitions of “common financial tool”, “DAS register”, “debtor contribution order” and “debtor’s contribution”).
4
For the purposes of paragraph (1) the bankruptcy restrictions undertaking of a debtor is treated as sequestration of that debtor .
Section 52 of and schedule 3, paragraph 3(b) and schedule 4 to the Act repeal provision for bankruptcy restrictions undertakings in Scotland.
Art. 4 in force at 1.4.2015, see art. 1