The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016

Proceeds of Crime (Scotland) Act 1995

14.—(1) The Proceeds of Crime (Scotland) Act 1995(1) is amended as follows.

(2) In Schedule 2 (sequestration etc. of persons holding realisable or forfeitable property)—

(a) in paragraph 1(1)(a), for “12(4) of the 1985” substitute “22(7) of the 2016”;

(b) in paragraph 1(2)—

(i) in paragraph (a), for “31(8) of the 1985” substitute “79 of the 2016”;

(ii) for paragraph (b) substitute—

“(b) any income of the debtor which has been ordered, under section 90 or 95 of that Act, to be paid to the trustee or any estate which, under subsection (4) of section 79, or subsection (5) of section 86, of that Act vests in the trustee,”; and

(iii) for “permanent trustee in accordance with section 48” substitute “trustee in the sequestration in accordance with section 122”;

(c) in paragraph 1(3), for “1985” substitute “2016”;

(d) in paragraph 1(4), for “2(5) of the 1985” substitute “54(1) of the 2016”;

(e) in paragraph 1(5)—

(i) in paragraph (a), for “34 or 36 of the 1985” substitute “98 or 99 of the 2016”; and

(ii) in paragraph (b), for “34 and 36” substitute “98 and 99”;

(f) in paragraph 5—

(i) in sub-paragraph (1), for “1985” substitute “2016”; and

(ii) in sub-paragraph (3), omit the words from “the reference” to “sequestration and”;

(g) in paragraph 6—

(i) in sub-paragraph (1), for “1985”, in both places where it occurs, substitute “2016”; and

(ii) in sub-paragraph (3), for “interim or permanent trustee” substitute “trustee (or interim trustee)”.

(1)

1995 c.43.