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Version Superseded: 30/11/2016
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Bankruptcy (Scotland) Act 1985 (repealed), Section 4D is up to date with all changes known to be in force on or before 10 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The moratorium period applying in relation to the person is the period which—
(a)begins on the day on which an entry is made in the register of insolvencies under section 4A(3) or 4B(3), and
(b)ends on—
(i)the day which is 6 weeks after that day,
(ii)such earlier day as is mentioned in subsection (2), or
(iii)if subsection (3), (5) or (7) applies, such later day as is determined in accordance with subsection (4), (6) or (8).
(2)The earlier day is the day on which, in relation to the person who is the subject of the moratorium—
(a)an entry is made in the register of insolvencies recording the award of sequestration of the estate,
(b)an entry is made in the register of insolvencies recording that a trust deed granted by the person has been granted or refused protected status,
(c)an entry is made in the DAS register recording the approval of a debt payment programme in accordance with section 2 of the Debt Arrangement and Attachment (Scotland) Act 2002, or
(d)written notice is given to the Accountant in Bankruptcy—
(i)by the person withdrawing the notice given under section 4A(1), or
(ii)by or on behalf of the person withdrawing the notice given under section 4B(1).
(3)This subsection applies if, on the day which is 6 weeks after the day on which the moratorium began under subsection (1)(a)—
(a)a person has made a debtor application for sequestration of the estate of the person who is the subject of the moratorium,
(b)the moratorium has not ended in accordance with subsection (2)(a), and
(c)no decision has been made by the Accountant in Bankruptcy under section 15(3C)(b).
(4)Where subsection (3) applies, the moratorium period ends on—
(a)the day on which an entry is made in the register of insolvencies recording the award of sequestration of the estate,
(b)in the case of refusal to award sequestration—
(i)the day of the expiry of the period applying by virtue of section 15(3B) where no application for review is made under section 15(3A), or
(ii)the day on which a decision is made by the Accountant in Bankruptcy under section 15(3C)(b) where an application for review is made, or
(c)the day on which written notice is given to the Accountant in Bankruptcy—
(i)by the person withdrawing the notice given under section 4A(1), or
(ii)by or on behalf of the person withdrawing the notice given under section 4B(1).
(5)This subsection applies if, on the day which is 6 weeks after the day on which the moratorium began under subsection (1)(a)—
(a)an entry has been made in the register of insolvencies recording an application for a trust deed granted by or on behalf of the person who is the subject of the moratorium to be granted the status of protected trust deed, and
(b)the moratorium has not ended in accordance with subsection (2)(b).
(6)Where subsection (5) applies, the moratorium period ends on—
(a)the day on which an entry is made in the register of insolvencies recording that the trust deed granted by or on behalf of the person has been granted the status of protected trust deed,
(b)where such an entry is not made, the day which is 13 weeks after the day on which the moratorium began under subsection (1)(a), or
(c)the day on which written notice is given to the Accountant in Bankruptcy by the person withdrawing the notice given under section 4A(1).
(7)This subsection applies if, on the day which is 6 weeks after the day on which the moratorium began under subsection (1)(a)—
(a)the person who is the subject of the moratorium has applied for approval of a debt payment programme under section 2 of the Debt Arrangement and Attachment (Scotland) Act 2002,
(b)the moratorium has not ended in accordance with subsection (2)(c), and
(c)the application has not been determined.
(8)Where subsection (7) applies, the moratorium period ends on—
(a)the day on which an entry is made in the DAS register recording the approval of the debt payment programme in accordance with section 2 of the Debt Arrangement and Attachment (Scotland) Act 2002,
(b)in the case of a rejection of a debt payment programme, the day on which an entry is made in the DAS register recording the rejection, or
(c)the day on which written notice is given to the Accountant in Bankruptcy by the person withdrawing the notice given under section 4A(1).]
Textual Amendments
F1Ss. 4A-4D and cross-heading inserted (1.4.2015) by Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), ss. 8, 57(2); S.S.I. 2014/261, art. 3 (with arts. 4-7, 12) (as amended by S.S.I. 2015/54, art. 2)
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