OpenLegislation

Section 62 Duty to notify Lord President and sheriff principal of bankruptcy etc.F7I1

Scotland

(1)

Where, in relation to F1an officer of court, any of the events mentioned in subsection (2) below occurs, the officer must, before the expiry of the period of 28 days beginning with the occurrence of the event—

F2(a)

in the case of a messenger-at-arms, notify the Lord President of the Court of Session in writing of the event;

(b)

in the case of a sheriff officer, notify the sheriff principal from whom the officer holds a commission in writing of the event.

(2)

The events referred to in subsection (1) above are—

(a)

the sequestration of the F3officer of court;

(b)

the granting by the officer of a trust deed for creditors;

(c)

the making of a bankruptcy restrictions order in respect of the officer;

F4(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)

the making, under the Company Directors Disqualification Act 1986 (c. 46), of a disqualification order against the officer;

(f)

where the officer is a partner in a partnership the sole or main business of which is the provision of F5officer of court services—

(i)

the granting by the partnership of a trust deed for creditors; or

(ii)

the sequestration of the partnership;

(g)

where the officer is a member in a limited liability partnership the sole or main business of which is the provision of F6officer of court services, the commencement of the winding up of that partnership on the ground of insolvency.

(3)

In subsection (2) above, “trust deed” has the meaning given by section 5(4A) of the 1985 Act.

Annotations

Textual amendments

F1

Words in s. 62(1) substituted (1.4.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 14(1)(a)(i); S.S.I. 2011/30, art. 3(2)(3), Sch. 2

F2

Words in s. 62(1) substituted (1.4.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 14(1)(a)(ii); S.S.I. 2011/30, art. 3(2)(3), Sch. 2

F3

Words in s. 62(2)(a) substituted (1.4.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 14(1)(b); S.S.I. 2011/30, art. 3(2)(3), Sch. 2

F4

S. 62(2)(d) repealed (1.4.2015) by Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), s. 57(2), Sch. 4; S.S.I. 2014/261, art. 3 (with arts. 4-7 12) (as amended by S.S.I. 2015/54, art. 2)

F5

Words in s. 62(2)(f) substituted (1.4.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 14(1)(b); S.S.I. 2011/30, art. 3(2)(3), Sch. 2

F6

Words in s. 62(2)(g) substituted (1.4.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 14(1)(b); S.S.I. 2011/30, art. 3(2)(3), Sch. 2

F7

Words in title of s. 62 substituted (1.4.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 14(2); S.S.I. 2011/30, art. 3(2)(3), Sch. 2

Commencement

I1

S. 62 in force at 1.4.2011 by S.S.I. 2011/31, art. 4

Notes on Part 3

Textual amendments

F1

Pt. 3 Title substituted (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 10; S.S.I. 2011/30, art. 3(1)(3), Sch. 1

Notes on Regulation of officers of court

Textual amendments

F1

Words in crossheading before s. 61 substituted (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 13(2); S.S.I. 2011/30, art. 3(1)(3), Sch. 1