Section 13 Further provisions relating to presentation of petitionsI1

Scotland

(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,

F1(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,

F2(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, F3or

(ii)

a trustee acting under a trust deed,

F4(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.

Annotations

Textual amendments

F1: 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)
F2: 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)
F3: 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)
F4: 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)

Commencement

I1: S. 13 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2