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subsection (4) is repealed.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subsection (1) is repealed;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the words from “from” to “remitted” are repealed;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”.