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Link to original content: http://www.legislation.gov.uk/asp/2016/21/contents
Bankruptcy (Scotland) Act 2016

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Bankruptcy (Scotland) Act 2016

Changes to legislation:

Bankruptcy (Scotland) Act 2016 is up to date with all changes known to be in force on or before 01 November 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

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  1. Introductory Text

  2. PART 1 Application or petition for sequestration

    1. Applications and petitions

      1. 1.Sequestration

      2. 2.Sequestration of estate of living debtor

      3. 3.Debt advice and information package

      4. 4.Money advice

      5. 5.Sequestration of estate of deceased debtor

      6. 6.Sequestration of other estates

      7. 7.Qualified creditor and qualified creditors

      8. 8.Debtor applications: general

      9. 9.Certificate for sequestration

      10. 10.Death or withdrawal

      11. 11.Debtor application: provision of information

      12. 12.Petition for sequestration of estate: provision of information

      13. 13.Further provisions relating to presentation of petitions

      14. 14.Further provisions relating to debtor applications

      15. 14A.Main proceedings in Scotland: undertaking by trustee in respect of assets in another EU member State

      16. 14B.Main proceedings in another member State: approval of undertaking offered by member State insolvency practitioner to local creditors in the UK

    2. Jurisdiction

      1. 15.Jurisdiction

    3. Meaning of “apparent insolvency”

      1. 16.Meaning of “apparent insolvency”

    4. Concurrent proceedings

      1. 17.Concurrent proceedings for sequestration or analogous remedy

      2. 18.Powers in relation to concurrent proceedings

    5. Creditor's oath

      1. 19.Creditor's oath

  3. PART 2 Sequestration: award and recall

    1. Incomplete or inappropriate debtor applications

      1. 20.Debtor application: incomplete application

      2. 21.Refusal of debtor application: inappropriate application

    2. Award of sequestration

      1. 22.When sequestration is awarded

      2. 23.Circumstances in which sequestration is not to be awarded in pursuance of section 22(5)

      3. 23A. Effect of sequestration on land attachment

      4. 24.Effect of sequestration on diligence generally

      5. 25.Effect of sequestration on diligence: estate of deceased debtor

      6. 26.Registration of warrant or determination of debtor application

      7. 27.Further matters in relation to award of sequestration

      8. 28.Benefit from another estate

    3. Recall of sequestration

      1. 29.Petitions for recall of sequestration

      2. 30.Recall of sequestration by sheriff

      3. 31.Application to Accountant in Bankruptcy for recall of sequestration

      4. 32.Application under section 31: further procedure

      5. 33.Determination where amount of outlays and remuneration not agreed

      6. 34.Recall of sequestration by Accountant in Bankruptcy

      7. 35.Recall where Accountant in Bankruptcy trustee

      8. 36.Application for recall: remit to sheriff

      9. 37.Recall of sequestration by Accountant in Bankruptcy: review and appeal

      10. 38.Effect of recall of sequestration

  4. PART 3 Initial stages of sequestration, statutory meeting and trustee vote

    1. Initial stages

      1. 39.Interim preservation of estate

      2. 40.Offences in relation to interim preservation of estate

      3. 41.Statement of assets and liabilities etc.

      4. 42.Duties on receipt of list of assets and liabilities

    2. Statutory meeting

      1. 43.Statutory meeting

      2. 44.Calling of statutory meeting

      3. 45.Procedure where no statutory meeting called

      4. 46.Submission of claims for voting purposes

      5. 47.Offences in relation to submission of claims for voting purposes

      6. 48.Proceedings before trustee vote

    3. Trustee vote

      1. 49.Trustee vote

  5. PART 4 Trustees and commissioners

    1. Trustees

      1. 50.Functions of trustee

      2. 51.Appointment of trustee

      3. 52.Application to Accountant in Bankruptcy by trustee for a direction

    2. Interim trustees

      1. 53.Functions of interim trustee

      2. 54.Appointment of interim trustee

      3. 55.Removal, resignation etc. of interim trustee

      4. 56.Termination of interim trustee's functions where not appointed trustee

      5. 57.Appeal or review by virtue of section 56

      6. 58.Termination of Accountant in Bankruptcy's functions as interim trustee where not appointed trustee

      7. 59.Review or appeal by virtue of section 58

    3. Replacement trustees

      1. 60.Appointment of replacement trustee

      2. 61.Procedure in application to Accountant in Bankruptcy under section 60

      3. 62.Procedure in application under section 60, or appeal under section 61, to sheriff

      4. 63.Termination of original trustee's functions

      5. 64.Accountant in Bankruptcy's intromissions in capacity of original trustee

      6. 65.Discharge of original trustee

      7. 66.Replacement of trustee acting in more than one sequestration

      8. 67.Further provision as regards replacement under section 66

      9. 68.Review of determination or appointment under section 66

    4. Resignation or death of trustee

      1. 69.Resignation or death of trustee

    5. Removal of trustee and appointment of new trustee

      1. 70.Removal of trustee other than where trustee is unable to act or should no longer continue to act: general

      2. 71.Removal of trustee other than where trustee is unable to act or should no longer continue to act: review, appeal and election of new trustee

      3. 72.Removal of trustee where trustee is unable to act or should no longer continue to act: general

      4. 73.Removal of trustee where trustee is unable to act or should no longer continue to act: review, appeal and election of new trustee

      5. 74.Election or appointment of new trustee by virtue of section 71(6) or 73(1)

      6. 75.Further provision as regards election or appointment of new trustee

    6. Commissioners

      1. 76.Commissioners

      2. 77.Election, resignation and removal of commissioners

  6. PART 5 Vesting etc.

    1. Vesting

      1. 78.Vesting of estate at date of sequestration

      2. 79.Provision supplementary to section 78 and interpretation of Part 5

      3. 80.Property subject to restraint order

      4. 81.Property released from detention

      5. 82.Property in respect of which receivership or administration order is made

      6. 83.Property in respect of which realisation order is made

      7. 84.Property subject to certain orders where confiscation order discharged or quashed

      8. 85.Vesting of income received by debtor after sequestration

      9. 86.Further provision as regards vesting of estate

      10. 87.Dealings and circumstances of debtor after sequestration

    2. Limitation on vesting

      1. 88.Limitation on vesting

  7. PART 6 Debtor's contribution

    1. Common financial tool

      1. 89.Assessment of debtor's contribution

    2. Payments by debtor following sequestration

      1. 90.Debtor contribution order: general

      2. 91.Debtor contribution order: payment period and intervals

      3. 92.Debtor contribution order: review and appeal

      4. 93.Effect of debtor contribution order

      5. 94.Deductions from debtor's earnings and other income

      6. 95.Variation and removal of debtor contribution order by trustee

      7. 96.Payment break

      8. 97.Sections 95 and 96: review and appeal

  8. PART 7 Safeguarding interests of creditors

    1. Gratuitous alienations and unfair preferences

      1. 98.Gratuitous alienations

      2. 99.Unfair preferences

    2. Recall of certain orders

      1. 100.Recall of order for payment of capital sum on divorce or on dissolution of civil partnership

    3. Excessive contributions

      1. 101.Recovery of excessive pension contributions

      2. 102.Orders under section 101

      3. 103.Orders under section 101: supplementary

      4. 104.Excessive contributions in pension-sharing cases: general

      5. 105.Excessive contributions in pension-sharing cases: recovery orders

      6. 106.Recovery orders: supplementary

      7. 107.References in Part 7 to “the 1889 Act” and to “the 1999 Act”

  9. PART 8 Administration of estate by trustee

    1. General

      1. 108.Taking possession of estate by trustee

      2. 109.Management and realisation of estate

    2. Contractual powers and money received

      1. 110.Contractual powers of trustee

      2. 111.Money received by trustee

    3. Debtor's home

      1. 112.Debtor's family home

      2. 113.Power of trustee in relation to debtor's family home

    4. Rights of spouse or civil partner

      1. 114.Protection of rights of spouse against arrangements intended to defeat them

      2. 115.Protection of rights of civil partner against arrangements intended to defeat them

    5. Account of state of affairs

      1. 116.Debtor's account of state of affairs

    6. Financial education for debtor

      1. 117.Financial education for debtor

  10. PART 9 Examination of debtor

    1. Private and public examination

      1. 118.Private examination

      2. 119.Public examination

      3. 120.Provisions ancillary to sections 118 and 119

    2. Conduct of examination

      1. 121.Conduct of examination

  11. PART 10 Claims, dividends and distribution etc.

    1. Submission and adjudication of claims

      1. 122.Submission of claims to trustee

      2. 123.Evidence as to validity or amount of claim

      3. 124.False claims etc.

      4. 125.Further provision as to claims

      5. 126.Adjudication of claims: general

      6. 127.Adjudication of claims: review and appeal

    2. Entitlement to vote and draw a dividend

      1. 128.Voting and drawing a dividend

    3. Distribution

      1. 129.Priority in distribution

      2. 129A.Section 129: interpretation

      3. 130.Accounting periods

      4. 131.Distribution in accordance with accounting periods

    4. Procedure after end of accounting period

      1. 132.Submission of accounts and scheme of division

      2. 133.Audit of accounts and determination as to outlays and remuneration payable to trustee

      3. 134.Appeal against determination as to outlays and remuneration payable to trustee

      4. 135.Further provision as to procedure after end of accounting period

      5. 136.Procedure after end of accounting period where Accountant in Bankruptcy is trustee

  12. PART 11 Discharge

    1. Discharge of debtor

      1. 137.Discharge of debtor where Accountant in Bankruptcy not trustee

      2. 138.Discharge of debtor where Accountant in Bankruptcy trustee

      3. 139.Discharge of debtor: review and appeal

      4. 140.Discharge of debtor to whom section 2(2) applies

      5. 141.Deferral of discharge where debtor cannot be traced

      6. 142.Debtor not traced: new trustee

      7. 143.Debtor not traced: subsequent debtor contact

      8. 144.Subsequent debtor contact: review and appeal

      9. 145.Effect of discharge under section 137, 138 or 140

      10. 146.Discharge under section 140: conditions

      11. 147.Section 146: sanctions

    2. Discharge of trustee

      1. 148.Discharge of trustee

      2. 149.Further provision as regards discharge of trustee

      3. 150.Unclaimed dividends

      4. 151.Discharge of Accountant in Bankruptcy

  13. PART 12 Assets discovered after discharge of trustee

    1. 152.Assets discovered after discharge of trustee: appointment of trustee

    2. 153.Assets discovered after discharge of trustee: notice

    3. 154.Assets discovered after discharge of trustee: appeal

  14. PART 13 Bankruptcy restrictions orders and interim bankruptcy restrictions orders

    1. Bankruptcy restrictions orders

      1. 155.Bankruptcy restrictions order

      2. 156.Grounds for making bankruptcy restrictions order

      3. 157.Bankruptcy restrictions order: application of section 218(13)

      4. 158.Timing for making a bankruptcy restrictions order

      5. 159.Duration of bankruptcy restrictions order and application for revocation or variation

    2. Interim bankruptcy restrictions orders

      1. 160.Interim bankruptcy restrictions orders

    3. Effect of recall of sequestration

      1. 161.Bankruptcy restrictions orders and interim bankruptcy restrictions orders: effect of recall of sequestration

  15. PART 14 Voluntary trust deeds for creditors

    1. General

      1. 162.Voluntary trust deeds for creditors

    2. Protected trust deeds: protected status

      1. 163.Protected status: general

    3. Conditions for protected status

      1. 164.Protected status: the debtor

      2. 165.Protected status: the trustee

      3. 166.Exclusion of a secured creditor from trust deed

      4. 167.Statements in and advice regarding trust deed

      5. 168.Payment of debtor's contribution

      6. 169.Notice in register of insolvencies

      7. 170.Documents to be sent to creditors

    4. Registration for protected status

      1. 171.Registration for protected status

    5. Removal of protected status where material error or irregularity

      1. 171A.Removal of protected status where material error or irregularity

      2. 171B.Decision under section 171A: application to review

      3. 171C.Effect of removal of protected status

    6. Effect of protected status etc.

      1. 172.Effect of protected status: general

      2. 173.Effect of protected status on diligence against earnings

      3. 173A.Effect of protected status on essential supplies

      4. 174.Deductions by virtue of protected trust deed from debtor's earnings

      5. 175.Agreement in respect of debtor's heritable property

      6. 176.Dividend payments

      7. 177.Sequestration petition by qualified creditor

      8. 178.Creditor's application as respects intromissions of trustee

    7. Administration, accounting and discharge

      1. 179.Directions to trustee under protected trust deed

      2. 180.Information and notification obligations of trustee under protected trust deed

      3. 181.Administration of trust under protected trust deed

      4. 182.Retention of documents by trustee under protected trust deed

      5. 183.Remuneration payable to trustee under protected trust deed

      6. 184.Protected trust deed: discharge of debtor

      7. 184A.Protected trust deed: refusal of debtor discharge

      8. 184B.Protected trust deed: early discharge in extenuating circumstances

      9. 184C.Early discharge in extenuating circumstances: procedure where creditors object

      10. 185.Student loans

      11. 186.Protected trust deed: discharge of trustee

      12. 186A.Replacement of trustee in a protected trust deed

      13. 186B.Modification of this Part where Accountant in Bankruptcy becomes trustee in a protected trust deed

      14. 187.Electronic delivery of notices etc. under this Part

    8. Appeals and directions

      1. 188.Protected trust deed: appeal

      2. 189.Protected trust deed: sheriff's direction

    9. Application for conversion to sequestration

      1. 190.Application for conversion to sequestration

      2. 191.Contents of affidavit required under section 190(2)

      3. 192.Powers of Accountant in Bankruptcy on application for conversion to sequestration

    10. Part 14: general

      1. 193.Interpretation of Part 14

      2. 194.Regulations modifying Part 14

  16. PART 15 Moratorium on diligence

    1. 195.Moratorium on diligence: notice of intention to make debtor application under section 2(1)(a)

    2. 196.Moratorium on diligence: notice of intention to make debtor application under section 6

    3. 197.Moratorium on diligence following notice under section 195(1) or 196(1)

    4. 198.Period of moratorium

  17. PART 16 Accountant in Bankruptcy

    1. Appointment

      1. 199.Accountant in Bankruptcy

    2. Functions

      1. 200.Supervisory functions of Accountant in Bankruptcy

      2. 201.Performance of certain functions of Accountant in Bankruptcy

      3. 202.Further duty of Accountant in Bankruptcy

    3. Directions to Accountant in Bankruptcy

      1. 203.Directions to Accountant in Bankruptcy

    4. Conduct of proceedings in the sheriff court

      1. 204.Conduct of proceedings in the sheriff court

    5. Fees for Accountant in Bankruptcy

      1. 205.Fees for Accountant in Bankruptcy

  18. PART 17 Miscellaneous

    1. 206.Liabilities and rights of co-obligants

    2. 207.Member State insolvency practitioner deemed creditor

    3. 208.Trustee's duty to provide certain notices and copies of documents to member State insolvency practitioner

    4. 209.Extortionate credit transactions

    5. 210.Sederunt book and other documents

    6. 211.Power of court to cure defects in procedure

    7. 212.Power of Accountant in Bankruptcy to cure defects in procedure

    8. 213.Decision under section 212(1): review

    9. 214.Review of decision by Accountant in Bankruptcy: grounds of appeal

    10. 215.Debtor to co-operate with trustee

    11. 216.Arbitration and compromise

    12. 217.Meetings of creditors and commissioners

    13. 218.General offences by debtor etc.

    14. 219.General offences: supplementary and penalties

    15. 220.Summary proceedings

    16. 221.Outlays of insolvency practitioner in actings as interim trustee or trustee

    17. 222.Supplies by utilities

    18. 223.Disqualification provisions: power to make regulations

    19. 224.Regulations: applications to Accountant in Bankruptcy etc.

    20. 224A.Service of documents

  19. PART 18 General

    1. 225.Regulations: general

    2. 226.Modification of regulation making powers

    3. 227.Variation of references to time, money etc.

    4. 228.Interpretation

    5. 229.Meaning of “associate”

    6. 230.“Associates”: regulations for the purposes of section 229

    7. 231.Proceedings under EU insolvency proceedings regulation: modified definition of “estate”

    8. 232.Crown application

    9. 233.Re-enactment

    10. 234.Modifications, repeals, savings, revocations and transitional provisions

    11. 235.Continuity of the law

    12. 236.Sequestrations to which this Act applies

    13. 237.Commencement

    14. 238.Short title

    1. SCHEDULE 1

      DEBTOR TO WHOM SECTION 2(2) APPLIES: APPLICATION OF ACT

      1. Modification of certain provisions of Act

        1. 1.(1) Where section 2(2) applies in relation to a debtor,...

      2. Accountant in Bankruptcy's duty to consider whether paragraph 1 should cease to have effect

        1. 2.(1) This paragraph applies where paragraph 1 applies in relation...

      3. Procedure where Accountant in Bankruptcy considers paragraph 1 should cease to have effect

        1. 3.(1) If AiB considers under paragraph 2(2) that paragraph 1...

      4. Debtor's right of appeal against decision under paragraph 3

        1. 4.(1) This paragraph applies where AiB gives notice to a...

      5. Decision that paragraph 1 ceases to have effect: modification of certain provisions of Act

        1. 5.(1) Where paragraph 1 ceases to have effect in relation...

    2. SCHEDULE 2

      DETERMINATION OF AMOUNT OF CREDITOR'S CLAIM

      1. Amount which may be claimed generally

        1. 1.(1) Subject to the provisions of this schedule, the amount...

      2. Claims for aliment and for periodical allowance on divorce or on dissolution of civil partnership

        1. 2.(1) A person entitled to aliment, however arising, from a...

      3. Debts depending on contingency

        1. 3.(1) The amount which a creditor is entitled to claim...

      4. Secured debts

        1. 4.(1) A secured creditor, in calculating the amount of the...

      5. Valuation of claims against partners for debts of the partnership

        1. 5.(1) Where a creditor claims, in respect of a debt...

    3. SCHEDULE 3

      PREFERRED DEBTS

      1. PART 1 List of preferred debts

        1. Contributions to occupational pension schemes etc.

          1. 1.Any sum which is owed by the debtor and is...

        2. Remuneration of employees etc.

          1. 2.(1) So much of any amount which—

          2. 3.So much of any amount which— (a) is ordered, whether...

        3. Levies on coal and steel production

          1. 4.Any sums due at the relevant date from the debtor...

        4. Debts owed to the Financial Services Compensation Scheme

          1. 5.Any debt owed by the debtor to the scheme manager...

        5. Deposits covered by Financial Services Compensation Scheme

          1. 6.So much of any amount owed at the relevant date...

        6. Other deposits

          1. 7.So much of any amount owed at the relevant date...

          2. 8.An amount owed at the relevant date by the debtor...

        7. Certain HMRC debts

          1. 8A.(1) Any amount owed at the relevant date by the...

      2. PART 2 Interpretation of Part 1

        1. Meaning of “the relevant date”

          1. 9.In Part 1, “the relevant date” means—

        2. Amounts payable by way of remuneration

          1. 10.(1) For the purposes of paragraph 2, a sum is...

        3. Meaning of “prescribed”

          1. 11.In paragraphs 2 and 3, “prescribed” means prescribed by regulations...

        4. Meaning of “scheme manager”

          1. 12.In paragraph 5, “the scheme manager” has the meaning given...

        5. Meaning of “eligible deposit”

          1. 13.(1) In paragraphs 6 to 8, “eligible deposit” means a...

        6. Transitional provisions

          1. 14.Regulations under paragraph 2 or 3 may contain such transitional...

    4. SCHEDULE 4

      VOLUNTARY TRUST DEEDS FOR CREDITORS

      1. Remuneration of trustee

        1. 1.Whether or not— (a) provision is made in the trust...

      2. Accountant in Bankruptcy's power to carry out audit

        1. 2.AiB may, at any time, audit the trustee's accounts and...

      3. Registration of notice of inhibition

        1. 3.(1) The trustee, from time to time after the trust...

      4. Lodging of claim to bar effect of limitation of actions

        1. 4.The submission to the trustee, acting under a trust deed,...

      5. Valuation of claims

        1. 5.(1) Unless the trust deed otherwise provides, schedule 2 applies...

    5. SCHEDULE 5

      INFORMATION TO BE INCLUDED IN THE SEDERUNT BOOK

      1. 1.A copy of the debtor application made under section 2(1)(a)....

      2. 2.A copy of the petition presented under section 2(1)(b).

      3. 3.Where the trustee is AiB, a copy of the statement...

      4. 3A.. . . . . . . . . ....

      5. 4.A copy of the award of sequestration under section 22(1)...

      6. 5.A copy of the warrant to cite the debtor granted...

      7. 6.Where the trustee is not AiB— (a) the audited accounts...

      8. 7.Where the trustee is AiB— (a) the accounts audited by...

      9. 8.Where AiB is appointed interim trustee and the sheriff awards...

      10. 9.A copy of— (a) an order— (i) recalling or refusing...

      11. 10.A copy of an order under section 114(3)(b) or 115(3)(b)...

      12. 11.Where the trustee is a replacement trustee appointed under section...

      13. 12.Where the trustee is not AiB, a copy of a...

      14. 13.A copy of a notice given under section 44(3).

      15. 14.Where the trustee is not AiB, a copy of a...

      16. 15.Where the trustee is a replacement trustee appointed under section...

      17. 16.A copy of an initial proposal for the debtor's contribution...

      18. 17.A copy of a debtor contribution order applying to the...

      19. 18.A copy of a decree issued under section 98 affecting...

      20. 19.A copy of a decree of recall issued following an...

      21. 20.A copy of a decree under section 99 affecting the...

      22. 21.The inventory and valuation of the estate, made up and...

      23. 22.A copy of an account given by the debtor under...

      24. 23.The debtor's deposition at an examination subscribed under section 121(6)....

      25. 24.A copy of the record of an examination sent to...

      26. 25.An appropriate entry in relation to the production of any...

      27. 26.Where the trustee accepts or rejects a claim under section...

      28. 27.A copy of a decision of AiB under subsection (4)(b)...

      29. 28.An agreement or determination in respect of the accounting period...

      30. 29.Where the trustee is not AiB, the audited accounts, the...

      31. 30.A copy of the certificate of discharge given to the...

      32. 31.A copy of the certificate deferring discharge where the debtor...

      33. 32.Where AiB has acted as trustee, after making the final...

      34. 33.Where AiB has acted as trustee and is discharged from...

      35. 34.A decision of the court under section 211 and of...

      36. 35.A copy of a decree arbitral or, as the case...

      37. 36.The minutes of the meeting referred to in paragraphs 8...

      38. 37.A copy of the minutes of a meeting sent to...

      39. 38.Where a meeting of commissioners is called in accordance with...

      40. 39.A copy of any decision (including any determination, direction, award,...

      41. 40.A copy of any decree, interlocutory decree, direction or order...

    6. SCHEDULE 6

      MEETINGS OF CREDITORS AND COMMISSIONERS

      1. PART 1 Meetings of creditors other than the statutory meeting

        1. Calling of meeting

          1. 1.The trustee in the sequestration must call a meeting of...

          2. 2.Any such meeting must be held not later than 28...

          3. 3.The trustee, or a commissioner who has given notice to...

          4. 4.The trustee, calling a meeting under paragraph 1 or 3,...

          5. 5.Where— (a) a requirement has been made under paragraph 1,...

          6. 6.AiB, calling a meeting under paragraph 5, is no fewer...

          7. 7.It is not necessary to notify under paragraph 4 or...

        2. Role of trustee at meeting

          1. 8.At the commencement of a meeting the trustee is to...

          2. 9.If no person is elected in pursuance of paragraph 8,...

          3. 10.The trustee is to arrange for a record to be...

        3. Appeals

          1. 11.The trustee, a creditor or any other person having an...

      2. PART 2 All meetings of creditors

        1. Validity of proceedings

          1. 12.No proceedings at a meeting are invalidated by reason only...

        2. Holding of meeting

          1. 13.Every meeting must be held either— (a) in such place...

          2. 13A.Where a meeting is to be held in pursuance of...

        3. Mandatories

          1. 14.A creditor may authorise in writing a person to represent...

          2. 15.A creditor must lodge with the trustee, before the commencement...

          3. 16.Any reference in paragraph 8, or in the following provisions...

        4. Quorum

          1. 17.The quorum at any meeting is one creditor.

        5. Voting at meeting

          1. 18.Any question at a meeting is to be determined by...

        6. Objections by creditors

          1. 19.At any meeting the person chairing it may allow or...

          2. 20.A person aggrieved by the determination of the person chairing...

          3. 21.If the person chairing the meeting is in doubt as...

        7. Adjournment of meeting

          1. 22.If no creditor has appeared at a meeting by half...

          2. 23.The person chairing the meeting may, with the consent of...

          3. 24.Any adjourned meeting must be held at the same time...

        8. Minutes of meeting

          1. 25.The minutes of every meeting must be signed by the...

      3. PART 3 Meetings of commissioners

        1. 26.The trustee— (a) may call a meeting of commissioners at...

        2. 27.If the trustee fails to call a meeting of commissioners...

        3. 28.The trustee must give the commissioners at least 7 days'...

        4. 29.The trustee is to act as clerk at a meeting...

        5. 30.If the commissioners are considering the performance of the functions...

        6. 31.The quorum at a meeting of commissioners is one commissioner...

        7. 32.Any matter may be agreed by the commissioners without a...

    7. SCHEDULE 7

      RE-ENACTMENT OF SECTIONS 10 AND 189 OF THE BANKRUPTCY (SCOTLAND) ACT 1913

      1. Arrestments and attachments

        1. 1.(1) Subject to sub-paragraph (2), all arrestments and attachments which...

      2. Exemptions from stamp or other duties for conveyances, deeds etc. relating to sequestrated estates

        1. 2.Any— (a) conveyance, assignation, instrument, discharge, writing or deed relating...

    8. SCHEDULE 8

      MODIFICATION OF ENACTMENTS

      1. Judicial Factors (Scotland) Act 1889

        1. 1.In section 11A(2) of the Judicial Factors (Scotland) Act 1889...

      2. Sheriff Courts (Scotland) Act 1907

        1. 2.In section 34 of the Sheriff Courts (Scotland) Act 1907...

      3. Conveyancing (Scotland) Act 1924

        1. 3.In section 44(4)(c) (limitation of effect of entries in the...

      4. Administration of Justice Act 1956

        1. 4.In section 47G of the Administration of Justice Act 1956...

      5. Conveyancing and Feudal Reform (Scotland) Act 1970

        1. 5.In section 19(3) of the Conveyancing and Feudal Reform (Scotland)...

      6. Prescription and Limitation (Scotland) Act 1973

        1. 6.(1) The Prescription and Limitation (Scotland) Act 1973 is amended...

      7. Local Government (Scotland) Act 1973

        1. 7.In section 31 of the Local Government (Scotland) Act 1973...

      8. Education (Scotland) Act 1980

        1. 8.In section 73B(12) of the Education (Scotland) Act 1980 (regulations...

      9. Family Law (Scotland) Act 1985

        1. 9.(1) The Family Law (Scotland) Act 1985 is amended as...

      10. Legal Aid (Scotland) Act 1986

        1. 10.In Part 2 of schedule 2 of the Legal Aid...

      11. Debtors (Scotland) Act 1987

        1. 11.(1) The Debtors (Scotland) Act 1987 is amended as follows....

      12. Agricultural Holdings (Scotland) Act 1991

        1. 12.(1) The Agricultural Holdings (Scotland) Act 1991 is amended as...

      13. Crofters (Scotland) Act 1993

        1. 13.In paragraph 10 of schedule 2 of the Crofters (Scotland)...

      14. Proceeds of Crime (Scotland) Act 1995

        1. 14.In paragraph 2(1)(j) of schedule 1 of the Proceeds of...

      15. Education (Scotland) Act 1996

        1. 15.In paragraph 4 of schedule 1 of the Education (Scotland)...

      16. Adults with Incapacity (Scotland) Act 2000

        1. 16.In section 87(4) of the Adults with Incapacity (Scotland) Act...

      17. International Criminal Court (Scotland) Act 2001

        1. 17.(1) Schedule 6 of the International Criminal Court (Scotland) Act...

      18. Debt Arrangement and Attachment (Scotland) Act 2002

        1. 18.(1) The Debt Arrangement and Attachment (Scotland) Act 2002 is...

      19. Agricultural Holdings (Scotland) Act 2003

        1. 19.In section 93 of the Agricultural Holdings (Scotland) Act 2003...

      20. Fire (Scotland) Act 2005

        1. 20.In schedule 1A of the Fire (Scotland) Act 2005 (the...

      21. Further and Higher Education (Scotland) Act 2005

        1. 21.In schedule 2B of the Further and Higher Education (Scotland)...

      22. Charities and Trustee Investment (Scotland) Act 2005

        1. 22.In section 70(3)(b) of the Charities and Trustee Investment (Scotland)...

      23. Licensing (Scotland) Act 2005

        1. 23.In section 28(8) of the Licensing (Scotland) Act 2005 (period...

      24. Bankruptcy and Diligence etc. (Scotland) Act 2007

        1. 24.(1) The Bankruptcy and Diligence etc. (Scotland) Act 2007 is...

      25. Criminal Proceedings etc. (Reform) (Scotland) Act 2007

        1. 25.In section 73(2)(b) of the Criminal Proceedings etc. (Reform) (Scotland)...

      26. Legal Services (Scotland) Act 2010

        1. 26.(1) The Legal Services (Scotland) Act 2010 is amended as...

      27. Housing (Scotland) Act 2010

        1. 27.(1) The Housing (Scotland) Act 2010 is amended as follows....

      28. Food (Scotland) Act 2015

        1. 28.In section 58(1) of the Food (Scotland) Act 2015 (general...

    9. SCHEDULE 9

      REPEALS AND REVOCATIONS

      1. PART 1 Repeals

      2. PART 2 Revocations

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