C2C3C4Part II Pensions: general

Annotations:
Modifications etc. (not altering text)
C3

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

C4

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

Pensions and bankruptcy

I1C113 Sections 11 and 12: application to 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 F11985F12016 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 trusteeF2trustee 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 1985F322(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 1985F422(7) of the Bankruptcy (Scotland) Act 2016 ) or of the judicial factor’s appointment taking effect, as the case may be.