# Bankruptcy (Scotland) Act 2016, Section 13: Further provisions relating to presentation of petitions

Extent: S

(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.
(2) A petition for the sequestration of the estate of a debtor (other than a limited partnership or a deceased debtor) may be presented—
(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
(b) at any time by—
(i) a trustee acting under a trust deed,
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A petition for the sequestration of the estate of a limited partnership may be presented—
(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
(b) at any time by—
(i) a trustee acting under a trust deed,
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) A petition for the sequestration of the estate of a deceased debtor may be presented—
(a) by a qualified creditor or qualified creditors—
(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
(ii) in any other case (whether or not apparent insolvency has been constituted), not earlier than 6 months after the date of death, or
(b) at any time by—
(i) a person entitled to be appointed as executor of the estate, or
(ii) a trustee acting under a trust deed,
(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) The presentation of a petition for sequestration bars the effect of any enactment or rule of law relating to the limitation of actions.
(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.

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Source: https://www.legislation.gov.uk/asp/2016/21/section/13 (the official version)
Page: https://openlegislation.uk/bankruptcy-scotland-act-2016/section-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.