Part 9Insolvency etc.

Sequestration in Scotland

422 Tainted gifts

(1)

This section applies if a person whose estate is sequestrated in Scotland has made a tainted gift (whether directly or indirectly).

(2)

No decree may be granted under the Bankruptcy Act 1621 (c. 18) or section F198 or 99 of the 2016 Act (gratuitous alienations and unfair preferences), or otherwise, in respect of the making of the gift at any time when—

(a)

any property of the recipient of the tainted gift is subject to a restraint order under section 41, 120 or 190, F2...

F3(aa)

such property is detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P,

(b)

there is in force in respect of such property an order under section 50, F4... 128(3) F5or 198.F6, or

(c)

there is in force in respect of such property an order under section 67A, 131A or 215A.

(3)

Any decree made under the Bankruptcy Act 1621 (c. 18) or section F798 or 99 of the 2016 Act, or otherwise, after an order mentioned in F8subsection (2)(a), (b) or (c) is discharged must take into account any realisation under Part 2, 3 or 4 of this Act of property held by the recipient of the tainted gift.

(4)

A person makes a tainted gift for the purposes of this section if he makes a tainted gift within the meaning of Part 2, 3 or 4.