The Bankruptcy (Scotland) Amendment Regulations 1993

Amendments to the principal Regulations

5.  There shall be inserted after regulation 14 of the principal Regulations, the following regulations:—

“Calling of statutory meeting of creditors

15.   In subsections (1) and (3) of section 21 of the Act((1)) (period within which interim trustee must call statutory meeting of creditors) for the words “28 days” there shall be substituted the words “60 days”.

Notice of sequestration in Edinburgh Gazette by interim trustee

16.   The information prescribed for the purposes of section 15(6) of the Act((2)) (obligation of interim trustee to publish notice of award of sequestration in Edinburgh Gazette), shall be:

(a) the name, designation and address of the debtor, including, if he trades under a different name, his trading name and address;

(b) the court which granted the award of sequestration including, in the case of a sheriff court, the name of that court;

(c) the date of sequestration; and

(d) the name, designation and office address of the interim trustee who has been appointed to act on the sequestrated estate of the debtor.

Notice of grant of certificate for the summary administration of the debtor’s estate in Edinburgh Gazette by permanent trustee

17.   The information prescribed for the purposes of paragraph 4(2) of Schedule 2A to the Act((3)) (additional information to be contained in notice of grant of certificate for the summary administration of the debtor’s estate to be published in Edinburgh Gazette by permanent trustee, under paragraph 4(1) of that Schedule), shall be:—

(a) the name, designation and address of the debtor, including, if he trades under a different name, his trading name and address;

(b) the court which awarded sequestration and, if different, the court which granted the certificate for the summary administration of the sequestration of the debtor’s estate including, in the case of a sheriff court, the name of that court;

(c) the date of sequestration;

(d) the name, designation and office address of the permanent trustee who has been appointed or confirmed to act on the sequestrated estate of the debtor.

Information to be sent by trustee acting under trust deed to creditors known to him

18.   The information prescribed for the purposes of paragraph 5(1)(c)(iii) of Schedule 5 to the Act((4)) (information to be sent by the trustee acting under a trust deed to every creditor known to him) shall be:—

(a) a statement of the debtor’s affairs, prepared by the trustee, containing—

(i) a list of the debtor’s assets and liabilities; and

(ii) a list of his income and expenditure,

as at the date when the trust deed was granted; and

(b) a statement as to the extent to which those assets and income have been or are due to be conveyed to the trustee for the benefit of his creditors.”.

(1)

Section 21 was amended by paragraph 10 of Schedule 1 to the Bankruptcy (Scotland) Act 1993.

(2)

Section 15(6) was substituted by paragraph 4 of Schedule 1 to the Bankruptcy (Scotland) Act 1993.

(3)

Schedule 2A was inserted by section 6(2) of the Bankruptcy (Scotland) Act 1993.

(4)

Paragraph 5(1)(c)(iii) of Schedule 5 was substituted by paragraph 32(2) of Schedule 1 to the Bankruptcy (Scotland) Act 1993.