SCHEDULE 1Modification of enactments
PART 1Primary legislation
Insolvency Act 19864
1
The Insolvency Act 198610 is amended as follows.
2
In section 51(6)11 (power to appoint receiver), in paragraph (a) of the definition of “bankruptcy restrictions order”, for “56A of the Bankruptcy (Scotland) Act 1985 (c.66)” substitute “155 of the Bankruptcy (Scotland) Act 2016”.
3
In section 185 (effect of diligence: Scotland)—
a
in subsection (1), for the words from “1985” to the end of paragraph (b) substitute—
2016—
a
subsections (3) to (10) of section 23A (effect of sequestration on land attachment)12 and section 24 (effect of sequestration on diligence generally); and
b
subsections (6), (7), (10) and (11) of section 109 (management and realisation of estate),
b
in subsection (2), for “1985” substitute “2016”.
4
In section 193 (unclaimed dividends: Scotland)—
a
in subsection (2), for “73(1) of the Bankruptcy (Scotland) Act 1985” substitute “228(1) of the Bankruptcy (Scotland) Act 2016”; and
b
in subsection (3)13, for—
i
“58 of the Bankruptcy (Scotland) Act 1985” substitute “150 of the Bankruptcy (Scotland) Act 2016”; and
ii
“57” substitute “148”.
5
In section 242(3)(a) (gratuitous alienations: Scotland), for “1985” substitute “2016”.
6
In section 388 (meaning of “act as insolvency practitioner”)—
a
in subsection (2)(a), for “permanent or interim trustee” substitute “trustee (or interim trustee)”;
b
in subsection (3)14, for “1985” substitute “2016”;
c
in subsection (4), for the definition of ““interim trustee” and “permanent trustee”” substitute—
“sequestration” means sequestration under the Bankruptcy (Scotland) Act 2016
d
in subsection (5)(b)15, for “1985” substitute “2016”.
7
In section 389(2) (acting without qualification an offence)16, for “1985” substitute “2016”.
8
In section 390(5)(a)17 (persons not qualified to act as insolvency practitioners), after “1985” insert “or the Bankruptcy (Scotland) Act 2016”.
9
In section 426(10)(b)18 (co-operation between courts exercising jurisdiction in relation to insolvency), for “1985” substitute “2016”.
10
In section 435(5)(a) (meaning of “associate”), for “1985” substitute “2016”.
11
In paragraph 14 of Schedule 8 (provisions capable of inclusion in company insolvency rules), for “1985” substitute “2016”.