The Criminal Justice Act 1988 (Designated Countries and Territories) Order 1991

Sequestration in Scotland of defendant etc.

85.—(1) Where an award of sequestration has been made under the Bankruptcy (Scotland) Act 1985 by the Court of Session, in relation to a person who holds realisable property, the powers conferred on the High Court by sections 77 to 81 above or on a receiver so appointed shall not be exercised in relation to–

(a)property comprised in the whole estate of the debtor within the meaning of section 31(8) of that Act, and

(b)any income of the debtor which has been ordered, under subsection (2) of section 32 of that Act, to be paid to the permanent trustee or any estate which, under subsection (10) of section 31 of that Act or subsection (6) of the said section 32, vests in the permanent trustee.

(2) Subsection (1) above does not affect the enforcement of a charging order–

(a)made before the award of sequestration; or

(b)on property which was subject to a restraint order when the award of sequestration was made.

(3) In any case in which, notwithstanding the coming into force of the Bankruptcy (Scotland) Act 1985, the Bankruptcy (Scotland) Act 1913 applies to a sequestration, subsection (1) above shall have effect as if for paragraphs (a) and (b) thereof there were substituted the following paragraphs–

“(a)property comprised in the whole property of the debtor which vests in the trustee under section 97 of the Bankruptcy (Scotland) Act 1913,

(b)any income of the bankrupt which has been ordered under subsection (2) of section 98 of that Act to be paid to the trustee of any estate which, under subsection (1) of that section, vests in the trustee.”.