- Latest available (Revised)
- Point in Time (18/02/1993)
- Original (As enacted)
Version Superseded: 01/04/2015
Point in time view as at 18/02/1993.
There are currently no known outstanding effects for the Bankruptcy (Scotland) Act 1993 (repealed), Paragraph 31.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
31(1)Schedule 4 (discharge on composition) shall be amended as follows.U.K.
(2)In paragraph 2, after the words “permanent trustee” there shall be inserted the words “ , where he is not the Accountant in Bankruptcy, ”.
(3)In paragraph 9—
(a) in sub-paragraph (1), after the words “permanent trustee” there shall be inserted the words “ , where he is not the Accountant in Bankruptcy, ”;
(b)after sub-paragraph (1) there shall be inserted the following sub-paragraph—
“(1A)Where the offer of composition is approved and the permanent trustee is the Accountant in Bankruptcy, the permanent trustee shall prepare accounts of his intromissions with the debtor’s estate and he shall make a determination of his fees and outlays calculated in accordance with regulations made under section 69A of this Act.”;
(c)after sub-paragraph (2) there shall be inserted the following sub-paragraph—
“(3)Subsections (2), (3), (4), (5) and (10) of section 53 of this Act as adapted by paragraph 9(2) and (3) of Schedule 2 to this Act shall apply, subject to any necessary modifications, in respect of the accounts and determination prepared under sub-paragraph (1A) above as they apply in respect of the accounts and determination prepared under the said section 53 as so adapted.”
(4)Paragraph 16 shall be renumbered sub-paragraph (1) of that paragraph and there shall be added at the end the following sub-paragraph—
“(2)The discharge of the debtor by virtue of an order under paragraph 11 above shall not affect any right of a secured creditor—
(a)for a debt in respect of which the debtor has been discharged to enforce his security for payment of the debt and any interest due and payable on the debt until the debt is paid in full; or
(b)for an obligation in respect of which the debtor has been discharged to enforce his security in respect of the obligation.”
(5)Paragraph 16 of Schedule 4 to the 1985 Act shall be deemed always to have had effect as amended by this paragraph.
Extent Information
E1Sch. 1 para. 31: Act extends to Scotland only, for exceptions see s. 12(8)
Commencement Information
I1Sch. 1 para. 31(4)(5) in force at Royal Assent, see s. 12(3). S. 31 wholly in force at 1.4.1993 by S.I. 1993/438, art. 3 (subject to savings in art. 4, 5)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: