Part 9U.K.Insolvency etc.

Sequestration in ScotlandU.K.

422 Tainted giftsU.K.

(1)This section applies if a person whose estate is sequestrated in Scotland has made a tainted gift (whether directly or indirectly).

(2)No decree may be granted under the Bankruptcy Act 1621 (c. 18) or section [F198 or 99 of the 2016] Act (gratuitous alienations and unfair preferences), or otherwise, in respect of the making of the gift at any time when—

(a)any property of the recipient of the tainted gift is subject to a restraint order under section 41, 120 or 190, F2...

[F3(aa)such property is detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P,]

(b)there is in force in respect of such property an order under section 50, F4... 128(3) [F5or 198].[F6, or

(c)there is in force in respect of such property an order under section 67A, 131A or 215A.]

(3)Any decree made under the Bankruptcy Act 1621 (c. 18) or section [F798 or 99 of the 2016] Act, or otherwise, after an order mentioned in [F8subsection (2)(a), (b) or (c)] is discharged must take into account any realisation under Part 2, 3 or 4 of this Act of property held by the recipient of the tainted gift.

(4)A person makes a tainted gift for the purposes of this section if he makes a tainted gift within the meaning of Part 2, 3 or 4.

Textual Amendments

F3S. 422(2)(aa) inserted (1.6.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 84(2)(a); S.I. 2015/983, arts. 2(2)(e), 3(u); S.I. 2016/147, art. 3(i)

F5Words in s. 422(2)(b) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 74(b); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F6S. 422(2)(c) and word inserted (1.6.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 84(2)(b); S.I. 2015/983, arts. 2(2)(e), 3(u); S.I. 2016/147, art. 3(i)

Commencement Information

I1S. 422 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.