Part 1Bankruptcy
Jurisdiction
16Sequestration proceedings to be competent only before sheriff
1
In section 9 of the 1985 Act (jurisdiction)—
a
in subsection (1)—
i
for “Court of Session” substitute “sheriff”; and
ii
for “Scotland” substitute “the sheriffdom”;
b
in subsection (2)—
i
for “Court of Session” substitute “sheriff”; and
ii
for “Scotland”, in both places where it occurs, substitute “the sheriffdom”;
c
in subsection (3), for “Court of Session” substitute “sheriff”; and
d
subsection (4) is repealed.
2
In section 15 of that Act (further provisions relating to award of sequestration)—
a
subsection (1) is repealed;
b
in subsection (2)—
i
for “Court of Session” substitute “sheriff”;
ii
for “it”, where it first occurs, substitute “him and subject to subsection (2A) below”; and
iii
the words from “from” to “remitted” are repealed;
c
after subsection (2), insert—
2A
The debtor may, with leave of the sheriff, appeal to the sheriff principal against a transfer under subsection (2) above.
d
in subsection (3), for “court” substitute “sheriff”; and
e
in subsection (5), for “clerk of the court” substitute “sheriff clerk”.
3
In section 16 of that Act (petitions for recall), in subsection (1), for “Court of Session” substitute “sheriff”.
4
In section 17 of that Act (recall)—
a
in subsection (1)—
i
for “Court of Session” substitute “sheriff”; and
ii
for “it”, in the first and third places where it occurs, substitute “he”;
b
in subsection (2)—
i
for “Court” substitute “sheriff”; and
ii
for “it” substitute “he”;
c
in subsection (3)—
i
for “Court” substitute “sheriff”; and
ii
in paragraph (c), for “it” substitute “he”;
d
in subsection (6)—
i
for “Court” substitute “sheriff”; and
ii
for “it”, in the second and third places where it occurs, substitute “he”;
e
in subsection (7)—
i
for “Court” substitute “sheriff”; and
ii
for “it” substitute “he”; and
f
in subsection (8), for “clerk of the court” substitute “sheriff clerk”.