Bankruptcy (Scotland) Act 1985 (repealed)
1985 c. 66 · Enacted 30 October 1985 · Extends to United Kingdom
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Annotations to the whole text
Textual amendments
- F1
Act repealed (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 9 Pt. 1 (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
Contents
- Administration of bankruptcy Repealed
- 1Accountant in Bankruptcy. Repealed
- 1ASupervisory functions of the Accountant in Bankruptcy. Repealed
- 1BPerformance of certain functions of the Accountant in Bankruptcy. Repealed
- 1CDirections. Repealed
- 1DConduct of proceedings in the sheriff court Repealed
- 2Appointment and functions of the trustee in the sequestration Repealed
- 3Functions of the trustee Repealed
- 3AApplication to Accountant in Bankruptcy for a direction Repealed
- 4Commissioners. Repealed
- Moratorium on diligence Repealed
- 4ANotice of intention to apply: debtor application etc. Repealed
- 4BNotice of intention to apply: sequestration of estate under section 6 Repealed
- 4CMoratorium on diligence Repealed
- 4DPeriod of moratorium Repealed
- Petitions for sequestration Repealed
- 5Sequestration of the estate of living or deceased debtor. Repealed
- 5ADebtor applications by low income, low asset debtors Repealed
- 5BCertificate for sequestration Repealed
- 5CMoney advice Repealed
- 5DAssessment of debtor’s contribution Repealed
- 6Sequestration of other estates. Repealed
- 6APetition for sequestration of estate: provision of information Repealed
- 6BDebtor application: provision of information Repealed
- 7Meaning of apparent insolvency. Repealed
- 8Further provisions relating to presentation of petitions. Repealed
- 8AFurther provisions relating to debtor applications Repealed
- 9Jurisdiction. Repealed
- 10Duty to notify existence of concurrent proceedings for sequestration or analogous remedy Repealed
- 10APowers in relation to concurrent proceedings for sequestration or analogous remedy Repealed
- 11Creditor’s oath. Repealed
- Award of sequestration and appointment and resignation of interim trustee Repealed
- 11ADebtor application: incomplete application Repealed
- 11BRefusal of debtor application: inappropriate application Repealed
- 12When sequestration is awarded. Repealed
- 13Resignation, removal etc. of interim trustee. Repealed
- 13ATermination of interim trustee's functions where not appointed as trustee Repealed
- 13BTermination of Accountant in Bankruptcy's functions as interim trustee where not appointed as trustee Repealed
- 14Registration of warrant or determination of debtor application Repealed
- 15Further provisions relating to award of sequestration. Repealed
- 16Petitions for recall of sequestration. Repealed
- 17Recall of sequestration by sheriff. Repealed
- 17AApplication to Accountant in Bankruptcy for recall of sequestration Repealed
- 17BApplication under section 17A: further procedure Repealed
- 17CDetermination of outlays and remuneration Repealed
- 17DRecall of sequestration by Accountant in Bankruptcy Repealed
- 17ERecall where Accountant in Bankruptcy the trustee Repealed
- 17FReference to sheriff Repealed
- 17GRecall of sequestration by Accountant in Bankruptcy: review and appeal Repealed
- Initial stages of sequestration Repealed
- 18Interim preservation of estate. Repealed
- 19Statement of assets and liabilities etc. Repealed
- 20Trustee’s duties on receipt of list of assets and liabilities. Repealed
- 20AStatutory meeting. Repealed
- Statutory meeting of creditors and trustee vote Repealed
- 21Calling of statutory meeting. Repealed
- 21ACalling of statutory meeting Repealed
- 21BProcedure where no statutory meeting called. Repealed
- 22Submission of claims for voting purposes at statutory meeting. Repealed
- 23Proceedings at statutory meeting before trustee vote Repealed
- 23ASummary administration. Repealed
- 24Trustee vote Repealed
- 25Appointment of replacement trustee Repealed
- 25AApplications to Accountant in Bankruptcy: procedure Repealed
- 25BApplications and appeals to sheriff: procedure Repealed
- 26Provisions relating to termination of original trustee's functions Repealed
- 26AAccountant in Bankruptcy to account for intromissions. Repealed
- 27Discharge of original trustee Repealed
- Replacement of trustee Repealed
- 28Resignation and death of trustee Repealed
- 28AReplacement of trustee acting in more than one sequestration Repealed
- 28BDetermination etc. under section 28A: review Repealed
- 29Removal of trustee and trustee not acting Repealed
- Election, resignation and removal of commissioners Repealed
- 30Election, resignation and removal of commissioners. Repealed
- Vesting of estate in trustee Repealed
- 31Vesting of estate at date of sequestration. Repealed
- 31ZAProceedings under EC Regulation: modified definition of “estate” Repealed
- 31AProperty subject to restraint order Repealed
- 31AAProperty released from detention Repealed
- 31BProperty in respect of which receivership or administration order is made Repealed
- 31BAProperty in respect of which realisation order made Repealed
- 31CProperty subject to certain orders where confiscation order discharged or quashed Repealed
- 32Vesting of estate, and dealings of debtor, after sequestration. Repealed
- 32ADebtor contribution order Repealed
- 32BDebtor contribution order: payment period and intervals Repealed
- 32CDebtor contribution order: review and appeal Repealed
- 32DEffect of debtor contribution order Repealed
- 32EDeductions from debtor’s earnings and other income Repealed
- 32FVariation and removal of debtor contribution order by trustee Repealed
- 32GPayment break Repealed
- 32HSections 32F and 32G: review and appeal Repealed
- 33Limitations on vesting. Repealed
- Safeguarding of interests of creditors of insolvent persons Repealed
- 34Gratuitous alienations. Repealed
- 35Recalling of order for payment of capital sum on divorce. Repealed
- 36Unfair preferences. Repealed
- 36ARecovery of excessive pension contributions. Repealed
- 36BOrders under section 36A. Repealed
- 36COrders under section 36A: supplementary. Repealed
- 36DRecovery of excessive contributions in pension-sharing cases. Repealed
- 36ERecovery orders. Repealed
- 36FRecovery orders: supplementary. Repealed
- Effect of sequestration on diligence Repealed
- 37Effect of sequestration on diligence. Repealed
- Administration of estate by trustee Repealed
- 38Taking possession of estate by trustee Repealed
- 39Management and realisation of estate. Repealed
- 39ADebtor's home ceasing to form part of sequestrated estate Repealed
- 40Power of trustee in relation to the debtor's family home Repealed
- 41Protection of rights of spouse against arrangements intended to defeat them. Repealed
- 41AProtection of rights of civil partner against arrangements intended to defeat them Repealed
- 42Contractual powers of trustee Repealed
- 43Money received by trustee Repealed
- 43ADebtor's requirement to give account of state of affairs Repealed
- 43BFinancial education Repealed
- Examination of debtor Repealed
- 44Private examination. Repealed
- 45Public examination. Repealed
- 46Provisions ancillary to sections 44 and 45. Repealed
- 47Conduct of examination. Repealed
- Submission and adjudication of claims Repealed
- 48Submission of claims to trustee Repealed
- 49Adjudication of claims. Repealed
- Entitlement to vote and draw dividend Repealed
- 50Entitlement to vote and draw dividend. Repealed
- Distribution of debtor’s estate Repealed
- 51Order of priority in distribution. Repealed
- 52Estate to be distributed in respect of accounting periods. Repealed
- 53Procedure after end of accounting period. Repealed
- 53AModification of procedure under section 53 where Accountant in Bankruptcy is trustee Repealed
- Discharge of debtor Repealed
- 54Discharge where Accountant in Bankruptcy not the trustee Repealed
- 54ADischarge where Accountant in Bankruptcy the trustee Repealed
- 54BDischarge of debtor: review and appeal Repealed
- 54CDebtor to whom section 5(2ZA) applies: discharge Repealed
- 54DDeferral of discharge where debtor cannot be traced Repealed
- 54EDebtor not traced: new trustee Repealed
- 54FDebtor not traced: subsequent debtor contact Repealed
- 54GSubsequent debtor contact: review and appeal Repealed
- 55Effect of discharge under section 54. Repealed
- 55ADischarge under section 54C: conditions Repealed
- 55BSection 55A: sanctions Repealed
- 56Discharge on Composition. Repealed
- Bankruptcy restrictions orders and undertakings Repealed
- 56ABankruptcy restrictions order Repealed
- 56BGrounds for making order Repealed
- 56CApplication of section 67(9) Repealed
- 56DTiming for making an order Repealed
- 56EDuration of order and application for annulment Repealed
- 56FInterim bankruptcy restrictions order Repealed
- 56GBankruptcy restrictions undertaking Repealed
- 56HBankruptcy restrictions undertakings: application of section 67(9) Repealed
- 56JEffect of recall of sequestration Repealed
- 56KEffect of discharge on approval of offer of composition Repealed
- Discharge of trustee Repealed
- 57Discharge of trustee Repealed
- 58Unclaimed dividends. Repealed
- 58ADischarge of Accountant in Bankruptcy Repealed
- 58BAssets discovered after trustee discharge: appointment of trustee Repealed
- 58CAssets discovered after trustee discharge: notice Repealed
- 58DAssets discovered after trustee discharge: appeal Repealed
- Voluntary trust deeds for creditors Repealed
- 59Voluntary trust deeds for creditors. Repealed
- 59AApplication for conversion to sequestration Repealed
- 59BContents of affidavit Repealed
- 59CPower of Accountant in Bankruptcy Repealed
- Miscellaneous and supplementary Repealed
- 60Liabilities and rights of co-obligants. Repealed
- 60AMember State liquidator deemed creditor Repealed
- 60BTrustee’s duties concerning notices and copies of documents Repealed
- 61Extortionate credit transactions. Repealed
- 62Sederunt book and other documents. Repealed
- 63Power of court to cure defects in procedure. Repealed
- 63APower of Accountant in Bankruptcy to cure defects in procedure Repealed
- 63BDecision under section 63A: review Repealed
- 63CReview of decisions by Accountant in Bankruptcy: grounds of appeal Repealed
- 64Debtor to co-operate with trustee Repealed
- 65Arbitration and compromise. Repealed
- 66Meetings of creditors and commissioners. Repealed
- 67General offences by debtor etc. Repealed
- 68Summary proceedings. Repealed
- 69Outlays of insolvency practitioner in actings as interim trustee or trustee Repealed
- 69AFees for the Accountant in Bankruptcy. Repealed
- 70Supplies by utilities. Repealed
- 71Edinburgh Gazette. Repealed
- 71AFurther duty of Accountant in Bankruptcy Repealed
- 71BDisqualification provisions: power to make orders Repealed
- 71CRegulations: applications to Accountant in Bankruptcy etc. Repealed
- 72Regulations. Repealed
- 72ZAModification of regulation making powers Repealed
- 72AVariation of references to time, money etc. Repealed
- 73Interpretation. Repealed
- 74Meaning of “associate”. Repealed
- 75Amendments, repeals and transitional provisions. Repealed
- 76Receipts and expenses. Repealed
- 77Crown application. Repealed
- 78Short title, commencement and extent. Repealed
- Schedule A1: DEBTOR TO WHOM SECTION 5(2ZA) APPLIES: APPLICATION OF ACT Repealed
- 1Modification of certain provisions of Act Repealed
- 2Accountant in Bankruptcy’s duty to consider whether paragraph 1 should cease to apply Repealed
- 3Procedure where Accountant in Bankruptcy considers paragraph 1 should cease to apply Repealed
- 4Debtor’s right of appeal against decision under paragraph 3 Repealed
- 5Decision that paragraph 1 ceases to have effect: modification of certain provisions of Act Repealed
- Schedule 1: Determination of Amount of Creditor’s Claim Repealed
- Amount which may be claimed generally Repealed
- 1Paragraph 1 Repealed
- Claims for aliment and periodical allowance on divorce Repealed
- 2Paragraph 2 Repealed
- Debts depending on contingency Repealed
- 3Paragraph 3 Repealed
- ... Repealed
- 4Paragraph 4 Repealed
- Secured debts Repealed
- 5Paragraph 5 Repealed
- Valuation of claims against partners for debts of the partnership Repealed
- 6Paragraph 6 Repealed
- Schedule 2 Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- Schedule 2A: Modification of duties of permanent trustee in summary administration Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- Schedule 3: PREFERRED DEBTS Repealed
- Part I: List of Preferred Debts Repealed
- Debts to Inland Revenue Repealed
- 1Paragraph 1 Repealed
- Debts due to Customs and Excise Repealed
- 2Paragraph 2 Repealed
- Social Security contributions Repealed
- 3Paragraph 3 Repealed
- Contributions to occupational pension schemes, et ceteralaetc. Repealed
- 4Paragraph 4 Repealed
- Remuneration of employees, et ceteralaetc. Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- Levies on coal and steel production Repealed
- 6AParagraph 6A Repealed
- Debts owed to the Financial Services Compensation Scheme Repealed
- 6AAParagraph 6AA Repealed
- Deposits covered by Financial Services Compensation Scheme Repealed
- 6BParagraph 6B Repealed
- Other deposits Repealed
- 6CParagraph 6C Repealed
- 6DParagraph 6D Repealed
- Part II: Interpretation of Part I Repealed
- Meaning of “the relevant date” Repealed
- 7Paragraph 7 Repealed
- Periods to which value added tax referable Repealed
- 8Paragraph 8 Repealed
- Periods to which insurance premium tax referable Repealed
- 8AParagraph 8A Repealed
- Periods to which landfill tax referable Repealed
- 8BParagraph 8B Repealed
- Periods to which climate change levy referable Repealed
- 8CParagraph 8C Repealed
- 8DPeriods to which aggregates levy referable Repealed
- Amounts payable by way of remuneration Repealed
- 9Paragraph 9 Repealed
- Meaning of scheme manager Repealed
- 9ZAParagraph 9ZA Repealed
- Meaning of eligible deposit Repealed
- 9AParagraph 9A Repealed
- Transitional Provisions Repealed
- 10Paragraph 10 Repealed
- Schedule 3A: INFORMATION TO BE INCLUDED IN THE SEDERUNT BOOK Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- 14Paragraph 14 Repealed
- 15Paragraph 15 Repealed
- 16Paragraph 16 Repealed
- 17Paragraph 17 Repealed
- 18Paragraph 18 Repealed
- 19Paragraph 19 Repealed
- 20Paragraph 20 Repealed
- 21Paragraph 21 Repealed
- 22Paragraph 22 Repealed
- 23Paragraph 23 Repealed
- 24Paragraph 24 Repealed
- 25Paragraph 25 Repealed
- 26Paragraph 26 Repealed
- 27Paragraph 27 Repealed
- 28Paragraph 28 Repealed
- 29Paragraph 29 Repealed
- 30Paragraph 30 Repealed
- 31Paragraph 31 Repealed
- 32Paragraph 32 Repealed
- 33Paragraph 33 Repealed
- 34Paragraph 34 Repealed
- 35Paragraph 35 Repealed
- 36Paragraph 36 Repealed
- 37Paragraph 37 Repealed
- 38Paragraph 38 Repealed
- 39Paragraph 39 Repealed
- 40Paragraph 40 Repealed
- Schedule 4: Discharge on Composition Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 8AParagraph 8A Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- 14Paragraph 14 Repealed
- 15Paragraph 15 Repealed
- 16Paragraph 16 Repealed
- 17Paragraph 17 Repealed
- 18Paragraph 18 Repealed
- Schedule 5: Voluntary Trust Deeds for Creditors Repealed
- Remuneration of trustee Repealed
- 1Paragraph 1 Repealed
- Accountant in Bankruptcy's power to carry out audit Repealed
- 1AParagraph 1A Repealed
- Registration of notice of inhibition Repealed
- 2Paragraph 2 Repealed
- Lodging of claim to bar effect of limitation of actions Repealed
- 3Paragraph 3 Repealed
- Valuation of claims Repealed
- 4Paragraph 4 Repealed
- Protected trust deeds Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- Creditors not acceding to protected trust deed Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- Schedule 6: MEETINGS OF CREDITORS AND COMMISSIONERS Repealed
- Part I: Meetings of creditors other than the statutory meeting Repealed
- Calling of meeting Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- Role of . . . trustee at meeting Repealed
- 7Paragraph 7 Repealed
- Appeals Repealed
- 8Paragraph 8 Repealed
- Part II: All Meetings of Creditors Repealed
- Validity of proceedings Repealed
- 9Paragraph 9 Repealed
- Locus of meeting Repealed
- 10Paragraph 10 Repealed
- Mandatories Repealed
- 11Paragraph 11 Repealed
- Quorum Repealed
- 12Paragraph 12 Repealed
- Voting at meeting Repealed
- 13Paragraph 13 Repealed
- Objections by creditors Repealed
- 14Paragraph 14 Repealed
- Adjournment of meeting Repealed
- 15Paragraph 15 Repealed
- Minutes of meeting Repealed
- 16Paragraph 16 Repealed
- Part III: Meetings of Commissioners Repealed
- 17Paragraph 17 Repealed
- 18Paragraph 18 Repealed
- 19Paragraph 19 Repealed
- 20Paragraph 20 Repealed
- 21Paragraph 21 Repealed
- 22Paragraph 22 Repealed
- 23Paragraph 23 Repealed
- Schedule 7 Repealed
- Part I: Consequential Amendments Repealed
- The Judicial Factors (Scotland) Act 1880 (c.4) Repealed
- 1Paragraph 1 Repealed
- Repealed
- 2Paragraph 2 Repealed
- The Judicial Factors (Scotland) Act 1889 (c.39) Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- The Conveyancing (Scotland) Act 1924 (c. 27) Repealed
- 5Paragraph 5 Repealed
- ... Repealed
- 6Paragraph 6 Repealed
- Repealed
- 7Paragraph 7 Repealed
- The Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35) Repealed
- 8Paragraph 8 Repealed
- The Superannuation Act 1972 (c.11) Repealed
- 9Paragraph 9 Repealed
- Repealed
- 10Paragraph 10 Repealed
- The Prescription and Limitation (Scotland) Act 1973 (c.52) Repealed
- 11Paragraph 11 Repealed
- The Local Government (Scotland) Act 1973 (c.65) Repealed
- 12Paragraph 12 Repealed
- The Social Security Pensions Act 1975 (c.60) Repealed
- 13Paragraph 13 Repealed
- The Employment Protection (Consolidation) Act 1978 (c.44) Repealed
- 14Paragraph 14 Repealed
- The Land Registration (Scotland) Act 1979 (c.33) Repealed
- 15Paragraph 15 Repealed
- The Banking Act 1979 (c.37) Repealed
- 16Paragraph 16 Repealed
- The Estate Agents Act 1979 (c.38) Repealed
- 17Paragraph 17 Repealed
- The Value Added Tax Act 1983 (c.55) Repealed
- 18Paragraph 18 Repealed
- Repealed
- 19—22Paragraph 19—22 Repealed
- The Family Law (Scotland) Act 1985 (c.37) Repealed
- 23Paragraph 23 Repealed
- Part II: Re-enactment of Certain Provisions of Bankruptcy (Scotland) Act 1913 (c. 20) Repealed
- Arrestments and Poindings Repealed
- 24Paragraph 24 Repealed
- Exemptions from stamp or other duties for conveyances, deeds et ceteralaetc. relating to sequestrated estates Repealed
- 25Paragraph 25 Repealed
- Schedule 8Repeals Repealed