{
  "url": "https://openlegislation.uk/bankruptcy-scotland-act-1993-commencement-and-savings-order-1993/note",
  "json_url": "https://openlegislation.uk/bankruptcy-scotland-act-1993-commencement-and-savings-order-1993/note.json",
  "legislation": "uksi/1993/438",
  "legislation_title": "The Bankruptcy (Scotland) Act 1993 Commencement and Savings Order 1993",
  "legislation_url": "https://openlegislation.uk/bankruptcy-scotland-act-1993-commencement-and-savings-order-1993",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThis Order brings into force on 1st April 1993 those provisions of the Bankruptcy (Scotland) Act 1993 (“the Act”) which are not already in force. The provisions of the Act already in force are sections 8, 9 and 12 and paragraphs 22(5), 23 and 31(4) and (5) of Schedule 1 and, so far as relating to those paragraphs, section 11 which, by virtue of section 12(3) of the Act, came into force on the day the Act was passed (18th February 1993).\nArticle 3 of the Order appoints 1st April 1993 as the date when the provisions of the Act not already in force shall come into force.\nArticle 4(1) of the Order provides that no provision of the Act brought into force by the Order shall have effect as regards any sequestration in respect of which the petition is presented on or after 1st April 1993 and before 1st October 1993 by a trustee acting under a trust deed granted before 1st April 1993. (Equivalent provision is already made in section 12(6) of the Act in respect of sequestrations where the petition is presented before 1st April 1993).\nArticle 4(2) of the Order continues the application and effect of the provisions of the Bankruptcy (Scotland) Act 1985 (“the 1985 Act”) as in force immediately before 1st April 1993 in respect of those sequestrations where the petition is presented before that date, or where the petition is presented on or after 1st April 1993 and before 1st October 1993 by a trustee acting under a trust deed granted before 1st April 1993.\nArticle 4(3) of the Order continues the effect of those provisions of the 1985 Act, as in force immediately before 1st April 1993, which relate to the Accountant in Bankruptcy having the general function of maintaining the list of interim trustees for the purposes of any sequestration in respect of which the petition is presented in accordance with article 4(2).\nArticle 5 of the Order provides that no provision of the Act brought into force by the Order shall have effect as regards any trust deed which has been granted before 1st April 1993 and continues the effect of provisions of the 1985 Act relating to trust deeds, as in force immediately before that date, for the purposes of such trust deeds.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1993/438/note",
    "retrieved_at": "2026-10-29T14:03:58.203857+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."
}