{
  "url": "https://openlegislation.uk/bankruptcy-scotland-act-2016/section-13",
  "json_url": "https://openlegislation.uk/bankruptcy-scotland-act-2016/section-13.json",
  "legislation": "asp/2016/21",
  "legislation_title": "Bankruptcy (Scotland) Act 2016",
  "legislation_url": "https://openlegislation.uk/bankruptcy-scotland-act-2016",
  "path": "section/13",
  "kind": "section",
  "number": "13",
  "heading": "Further provisions relating to presentation of petitions",
  "text": "(1) The petitioner is, on the day the petition for sequestration is presented under section 2, 5 or 6, to send a copy of the petition to AiB.\n(2) A petition for the sequestration of the estate of a debtor (other than a limited partnership or a deceased debtor) may be presented—\n(a) by a qualified creditor or qualified creditors only if the apparent insolvency founded on in the petition was constituted within 4 months before the date of presentation of the petition, or\n(b) at any time by—\n(i) a trustee acting under a trust deed,\n(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) A petition for the sequestration of the estate of a limited partnership may be presented—\n(a) by a qualified creditor or qualified creditors only if the apparent insolvency founded on in the petition was constituted within 4 months (or such other period as may be prescribed) before the date of presentation of the petition, or\n(b) at any time by—\n(i) a trustee acting under a trust deed,\n(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) A petition for the sequestration of the estate of a deceased debtor may be presented—\n(a) by a qualified creditor or qualified creditors—\n(i) in a case where the apparent insolvency of the debtor founded on in the petition was constituted within 4 months before the date of death, at any time, and\n(ii) in any other case (whether or not apparent insolvency has been constituted), not earlier than 6 months after the date of death, or\n(b) at any time by—\n(i) a person entitled to be appointed as executor of the estate, or\n(ii) a trustee acting under a trust deed,\n(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5) The presentation of a petition for sequestration bars the effect of any enactment or rule of law relating to the limitation of actions.\n(6) Where, before sequestration is awarded, it becomes apparent that a petitioning creditor was ineligible to petition, that person must withdraw, or as the case may be withdraw from, the petition; but another creditor may be sisted in that person's place.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 13(2)(b)(ii)(iii) omitted (31.12.2020) by virtue of The Insolvency (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/94), regs. 1, 4(7)(a) (with reg. 9) (as amended by S.S.I. 2020/337, regs. 1, 2); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "S. 13(3)(b)(ii)(iii) omitted (31.12.2020) by virtue of The Insolvency (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/94), regs. 1, 4(7)(b) (with reg. 9) (as amended by S.S.I. 2020/337, regs. 1, 2); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Word in s. 13(4) inserted (31.12.2020) by The Insolvency (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/94), regs. 1, 4(7)(c)(i) (with reg. 9) (as amended by S.S.I. 2020/337, regs. 1, 2); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "S. 13(4)(b)(iii)(iv) omitted (31.12.2020) by virtue of The Insolvency (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/94), regs. 1, 4(7)(c)(ii) (with reg. 9) (as amended by S.S.I. 2020/337, regs. 1, 2); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 13 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2016/21/section/13",
    "retrieved_at": "2026-10-29T20:13:26.578362+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."
}