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- Original (As enacted)
Bankruptcy (Scotland) Act 1985 (repealed) is up to date with all changes known to be in force on or before 04 December 2024. There are changes that may be brought into force at a future date.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
5. Sequestration of the estate of living or deceased debtor.
6A.Petition for sequestration of estate: provision of information
8. Further provisions relating to presentation of petitions.
10.Duty to notify existence of concurrent proceedings for sequestration or analogous remedy
10A.Powers in relation to concurrent proceedings for sequestration or analogous remedy
Award of sequestration and appointment and resignation of interim trustee
11B.Refusal of debtor application: inappropriate application
13A.Termination of interim trustee's functions where not appointed as trustee
13B.Termination of Accountant in Bankruptcy's functions as interim trustee where not appointed as trustee
14.Registration of warrant or determination of debtor application
17A.Application to Accountant in Bankruptcy for recall of sequestration
17G.Recall of sequestration by Accountant in Bankruptcy: review and appeal
31ZA.Proceedings under EC Regulation: modified definition of “estate”
31B. Property in respect of which receivership or administration order is made
31C. Property subject to certain orders where confiscation order discharged or quashed
32. Vesting of estate, and dealings of debtor, after sequestration.
32F.Variation and removal of debtor contribution order by trustee
Miscellaneous and supplementary
60B.Trustee’s duties concerning notices and copies of documents
63A.Power of Accountant in Bankruptcy to cure defects in procedure
63C.Review of decisions by Accountant in Bankruptcy: grounds of appeal
69.Outlays of insolvency practitioner in actings as interim trustee or trustee
71C.Regulations: applications to Accountant in Bankruptcy etc.
SCHEDULES
DEBTOR TO WHOM SECTION 5(2ZA) APPLIES: APPLICATION OF ACT
2.Accountant in Bankruptcy’s duty to consider whether paragraph 1 should cease to apply
3.Procedure where Accountant in Bankruptcy considers paragraph 1 should cease to apply
4.Debtor’s right of appeal against decision under paragraph 3
5.Decision that paragraph 1 ceases to have effect: modification of certain provisions of Act
1.Except where the permanent trustee is the Accountant in Bankruptcy,section...
2.(1) In place of section 25, sub-paragraph (2) below shall...
5.Where an appointment is made under paragraph 3(3), or by...
6.Section 30 shall not have effect, and, in any sequestration...
8.Except where the permanent trustee is the Accountant in Bankruptcy,any...
9.(1) Where the permanent trustee is the Accountant in Bankruptcy,...
Modification of duties of permanent trustee in summary administration
INFORMATION TO BE INCLUDED IN THE SEDERUNT BOOK
1.A copy of a debtor application made under section 5(2)(a)....
3.Where the trustee is the Accountant in Bankruptcy, a copy...
4.A copy of an award of sequestration granted under section...
8.Where the Accountant in Bankruptcy is appointed as interim trustee...
10.A copy of any order under section 41(1)(b)(ii) or 41A(1)(b)(ii)...
11.Where the trustee is a replacement trustee appointed under section...
12.Where the trustee is not the Accountant in Bankruptcy, a...
14.Where the trustee is not the Accountant in Bankruptcy, a...
15.Where the trustee is a replacement trustee appointed under section...
16.A copy of any initial proposal for the debtor’s contribution...
18.A copy of any decree issued under section 34 affecting...
20.A copy of any decree issued under section 36 affecting...
23.The debtor’s deposition at an examination subscribed under section 47(5)....
25.An appropriate entry in relation to the production of any...
26.Where the trustee accepts or rejects a claim under section...
28.An agreement or determination in respect of the accounting period...
29.Where the trustee is not the Accountant in Bankruptcy, the...
30.A copy the certificate of discharge given to the debtor...
31.A copy the certificate deferring discharge where the debtor cannot...
32.Where the Accountant in Bankruptcy has acted as trustee, after...
33.Where the Accountant in Bankruptcy has acted as trustee and...
36.The minutes of the meeting mentioned in paragraph 7 of...
38.Where a meeting of commissioners is called in accordance with...
39.A copy of any decision (including any determination, direction, award,...
40.A copy of any decree, interlocutory decree, direction or order...
MEETINGS OF CREDITORS AND COMMISSIONERS
Part I Meetings of creditors other than the statutory meeting
Part II All Meetings of Creditors
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