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Section 13 Sections 11 and 12: application to Scotland.I1C1

Scotland

(1)

This section shall have effect for the purposes of the application of sections 11 and 12 to Scotland.

(2)

A reference to—

(a)

the making of a bankruptcy order against a person is a reference to the award of sequestration on his estate or the making of the appointment on his estate of a judicial factor under section 41 of the M1Solicitors (Scotland) Act 1980;

(b)

the estate of a person is a reference to his estate for the purposes of the M2Bankruptcy (Scotland) Act F11985 2016 or of the Solicitors (Scotland) Act 1980, as the case may be;

(c)

assignment is a reference to assignation;

(d)

a person’s trustee in bankruptcy is a reference to his F2permanent trustee trustee or interim trustee in a sequestration under the Bankruptcy (Scotland) Act 2016 or judicial factor, as the case may be;

(e)

the commencement of a person’s bankruptcy is a reference to the date of sequestration (within the meaning of section F312(4) of the Bankruptcy (Scotland) Act 1985 22(7) of the Bankruptcy (Scotland) Act 2016 ) or of the judicial factor’s appointment taking effect, as the case may be.

(3)

For paragraph (b) of each of subsections (5) and (7) of section 11 there shall be substituted—

“(b)

if later, the date of sequestration (within the meaning of section F412(4) of the Bankruptcy (Scotland) Act 1985 22(7) of the Bankruptcy (Scotland) Act 2016 ) or of the judicial factor’s appointment taking effect, as the case may be.”

Annotations

Textual amendments

F1

Word in s. 13(2)(b) substituted (30.11.2016) (S) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 19(2)(a)

F2

Words in s. 13(2)(d) substituted (30.11.2016) (S) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 19(2)(b)

F3

Words in s. 13(2)(e) substituted (30.11.2016) (S) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 19(2)(c)

F4

Words in s. 13(3) substituted (30.11.2016) (S) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 19(3)

Marginal citations

M1

1980 c. 46.

M2

1985 c. 66.

Modifications

C1

Ss. 11-13 modified (30.12.2005) by Occupational Pension Schemes (Cross-border Activities) Regulations 2005 (S.I. 2005/3381), regs. 1, 16, Sch. 2 para. 5

Commencement

I1

S. 13 wholly in force at 6.4.2002; s. 13 in force for certain purposes at Royal Assent see s. 89(1)(5); s. 13(1)(2) in force for certain further purposes at 29.5.2000 by S.I. 2000/1382, art. 2(a); s. 13 in force at 6.4.2002 insofar as not already in force by S.I. 2002/153, art. 2(c)

Notes on Part II

Modifications

C1

Pts. I-IV modified (6.4.2006) by Pensions Act 2004 (c. 35), ss. 254(3)(c), 322(1) (with s. 313); S.I. 2006/560, art. 2(3), Sch. Pt. 3

C2

Pts. I-IV: power to modify conferred (6.4.2006) by Pensions Act 2004 (c. 35), ss. 321(1)(d), 322(1); S.I. 2006/560, art. 2(3), Sch. Pt. 3

C3

Pts. I-IV: power to modify conferred (26.11.2008) by Pensions Act 2008 (c. 30), ss. 146(2)(c), 149(2)