Bankruptcy (Scotland) Act 1985 (repealed)

[F156JEffect of recall of sequestrationS

(1)Where an award of sequestration of a debtor's estate is recalled under section 17(1) of this Act—

(a)the sheriff may annul any bankruptcy restrictions order, interim bankruptcy restrictions order or bankruptcy restrictions undertaking which is in force in respect of the debtor;

(b)no new bankruptcy restrictions order or interim order may be made in respect of the debtor; and

(c)no new bankruptcy restrictions undertaking by the debtor may be accepted.

(2)Where the sheriff refuses to annul a bankruptcy restrictions order, interim bankruptcy restrictions order or bankruptcy restrictions undertaking under subsection (1)(a) above the debtor may, no later than 28 days after the date on which the award of sequestration is recalled, appeal to the sheriff principal against such a refusal.

(3)The decision of the sheriff principal on an appeal under subsection (2) above is final.]

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))