Bankruptcy (Scotland) Act 1993 (repealed)

In the Bankruptcy (Scotland) Act 1985 (in this Act referred to as “the 1985 Act”), for section 1 (functions of the Accountant in Bankruptcy) there shall be substituted the following sections—

When a person is first appointed to be the Accountant in Bankruptcy under section 1 of the 1985 Act as inserted by subsection (1) above, the Accountant of Court shall cease to be the Accountant in Bankruptcy.

On such appointment—

Section 5 of the 1985 Act (procedure for the sequestration of the estate of a living debtor) shall be amended as follows.

For subsection (2) (persons who may petition) there shall be substituted the following subsections—

In subsection (4) delete “£750” where it appears and substitute “£1,500”.

After subsection (4) there shall be inserted the following subsection—

In subsection (6) (copy of petition to be sent to the Accountant in Bankruptcy) for the words from “send” to “section” there shall be substituted the words “, on the day the petition for sequestration is presented under this section, send a copy of the petition”.

After subsection (6) there shall be inserted the following subsection—

After subsection (8) there shall be inserted the following subsections—

Section 12 of the 1985 Act (when sequestration is awarded) shall be amended as follows.

For subsection (1) there shall be substituted the following subsection—

After subsection (1) there shall be inserted the following subsection—

For subsection (3) there shall be substituted the following subsections—

For subsection (4) there shall be substituted the following subsection—

After section 23 of the 1985 Act, there shall be inserted the following section—

After Schedule 2 to the 1985 Act there shall be inserted the following Schedule—

This section applies in the case of any sequestration in respect of which the petition is presented during the period beginning with the day on which this Act is passed and ending with the commencement of section 2 of this Act, being a sequestration to which Schedule 2 to the 1985 Act applies and in respect of which the permanent trustee is entitled to payment of his outlays and remuneration by virtue of paragraph 9 of that Schedule.

In the case of any sequestration to which this section applies, section 53 of the 1985 Act shall apply for the purposes of the determination of the remuneration and outlays of the permanent trustee subject to the provisions of regulations made under this section.

Regulations under this section may prescribe—

Such regulations may enable the Accountant in Bankruptcy, having taken into account the matters mentioned in paragraphs (a) and (b) of section 53(4) of the 1985 Act, to determine whether, in relation to any sequestration to which this section applies, the remuneration and outlays shall be—

Section 72 of the 1985 Act shall apply to regulations made under this section as it applies to regulations made under that Act.

A determination by the Accountant in Bankruptcy in pursuance of regulations made under this section may be appealed to the sheriff in accordance with subsection (6) of the said section 53.

There shall be paid into the Consolidated Fund any fees received by the Accountant in Bankruptcy in pursuance of regulations made under section 69A of the 1985 Act.

There shall be paid out of money provided by Parliament—

In section 388 of the Insolvency Act 1986 (meaning of “act as insolvency practitioner”), for subsection (5) there shall be substituted the following subsection—

In section 389 of that Act (acting without qualification an offence), in subsection (2) at the end there shall be inserted the words “or the Accountant in Bankruptcy (within the meaning of the Bankruptcy (Scotland) Act 1985).”

The 1985 Act shall have effect subject to the amendments in Schedule 1 to this Act.

The enactments mentioned in Schedule 2 to this Act are repealed to the extent mentioned in the third column.

This Act may be cited as the Bankruptcy (Scotland) Act 1993.

Expressions used in this Act and in the 1985 Act shall have the same meaning in this Act as they do in that Act.

The following provisions shall come into force on the day on which this Act is passed, namely— section 8; section 9; this section; and paragraphs 22(5), 23 and 31(4) and (5) of Schedule 1 and, so far as relating to those paragraphs, section 11.

Subject to subsection (3) above, this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be so appointed for different purposes and for different provisions.

An order under subsection (4) above may contain such transitional provisions and savings as appear to the Secretary of State necessary or expedient in connection with the provisions brought into force (whether wholly or partly) by the order.

Notwithstanding anything in an order made under subsection (4) above, nothing in any provision commenced by such an order shall have effect as regards any sequestration in respect of which the petition is presented before such commencement.

Subject to subsection (8) below, this Act extends to Scotland only.

The amendment by this Act of an enactment which extends to England and Wales or Northern Ireland extends also to England and Wales or, as the case may be, Northern Ireland.