{
  "url": "https://openlegislation.uk/act-of-sederunt-sheriff-court-bankruptcy-rules-1996/schedule/paragraph-3",
  "json_url": "https://openlegislation.uk/act-of-sederunt-sheriff-court-bankruptcy-rules-1996/schedule/paragraph-3.json",
  "legislation": "uksi/1996/2507",
  "legislation_title": "Act of Sederunt (Sheriff Court Bankruptcy Rules) 1996",
  "legislation_url": "https://openlegislation.uk/act-of-sederunt-sheriff-court-bankruptcy-rules-1996",
  "path": "schedule/paragraph/3",
  "kind": "paragraph",
  "number": "3",
  "heading": "Petitions for sequestration",
  "text": "(1) A petition by the debtor under section 5(2)(a) of the Act of 1985 (sequestration of the estate of living debtor) shall be in –\n(a) Form 1 where section 5(2A) of the Act of 1985 (with concurrence of qualified creditor or creditors) applies; or\n(b) Form 2 where section 5(2B) of the Act of 1985 (without concurrence of qualified creditor or creditors) applies.\n(2) A petition by a qualified creditor under section 5(2)(b) of the Act of 1985 shall be in Form 3.\n(3) A petition by a trustee acting under a trust deed under section 5(2)(c) of the Act of 1985 shall be in Form 4.\n(4) The court, when considering a petition lodged in accordance with paragraph (1) above, shall not require –\n(a) intimation to be made to any person, or\n(b) the debtor to appear or be represented,\nunless the court considers it necessary.\n(5) An undertaking by the interim trustee under section 2(3)(c) of the Act of 1985 shall be in Form 5.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 5(2) was substituted by the 1993 Act, section 3(2)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 5(2A) was inserted by the 1993 Act, section 3(2)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Section 5(2B) was inserted by the 1993 Act, section 3(2)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Section 2(3)(c) was substituted by the 1993 Act, section 2."
    }
  ],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "ssi/2002/560",
      "affecting_title": "Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1996/2507/schedule/paragraph/3",
    "retrieved_at": "2026-10-29T12:34:46.575319+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}