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Bankruptcy (Scotland) Act 1985 (repealed), Section 56F is up to date with all changes known to be in force on or before 02 June 2024.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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[F2(1)Subsection (2) applies at any time—
(a)after the Accountant in Bankruptcy notifies the debtor under section 56A(3) that the Accountant in Bankruptcy proposes to make a bankruptcy restrictions order, and
(b)before the Accountant in Bankruptcy decides whether to make the order.
(2)The Accountant in Bankruptcy may make an interim bankruptcy restrictions order if the Accountant in Bankruptcy thinks that—
(a)there are prima facie grounds to suggest that a bankruptcy restrictions order will be made, and
(b)it is in the public interest to make an interim bankruptcy restrictions order.
(2A)Subsection (2B) applies at any time between—
(a)the making of an application to the sheriff for a bankruptcy restrictions order, and
(b)the determination of the application.
(2B)The sheriff may, on the application of the Accountant in Bankruptcy, make an interim bankruptcy restrictions order if the sheriff thinks that—
(a)there are prima facie grounds to suggest that the application for the bankruptcy restrictions order will be successful, and
(b)it is in the public interest to make an interim bankruptcy restrictions order.]
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)An interim order—
(a)shall have the same effect as a bankruptcy restrictions order; and
(b)shall come into force when it is made.
[F4(5)An interim order ceases to have effect—
(a)in the case of an interim order made by the Accountant in Bankruptcy, on the Accountant in Bankruptcy deciding whether or not to make a bankruptcy restrictions order,
(b)in the case of an interim order made by the sheriff, on the determination of the application for the bankruptcy restrictions order, or
(c)if the sheriff discharges the interim order, on the application of the Accountant in Bankruptcy or of the debtor.]
(6)Where a bankruptcy restrictions order is made in respect of a debtor who is subject to an interim order, section 56E(2) of this Act shall have effect in relation to the bankruptcy restrictions order as if the reference to the date on which the order is made were a reference to the date on which the interim order was made.]
Textual Amendments
F1Ss. 56A-56K and preceding cross-heading inserted (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 2(1), 227(3) (with s. 223); S.S.I. 2008/115, art. 3(1)(a) (with arts. 4-6, 10 (as amended (with effect from 31.1.2011) by S.S.I. 2011/31, art. 5))
F2S. 56F(1)-(2B) substituted for s. 56F(1)(2) (1.4.2015) by Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), ss. 33(7)(a), 57(2); S.S.I. 2014/261, art. 3 (with arts. 4-7, 12) (as amended by S.S.I. 2015/54, art. 2)
F3S. 56F(3) repealed (1.4.2015) by Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), ss. 33(7)(b), 57(2); S.S.I. 2014/261, art. 3 (with arts. 4-7, 12) (as amended by S.S.I. 2015/54, art. 2)
F4S. 56F(5) substituted (1.4.2015) by Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), ss. 33(7)(c), 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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