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Statutory Instruments

2003 No. 2109 (S. 8)

BANKRUPTCY, SCOTLAND

INSOLVENCY, SCOTLAND

The Insolvency (Scotland) Regulations 2003

Made

7th August 2003

Laid before Parliament

13th August 2003

Coming into force

8th September 2003

Contents

Go to Preamble

  1. 1.Citation and commencement

  2. PART I

    SEQUESTRATION

    1. 2.Interpretation

    2. 3.Amendments to the Bankruptcy (Scotland) Act 1985

    3. 4.Amendments to the Bankruptcy (Scotland) Regulations 1985

    4. 5.Amendment of section 5 of the Act

    5. 6.Amendment of section 6 of the Act

    6. 7.Application of EC Regulation to petitions for sequestration of debtor

    7. 8.Amendment of section 7 of the Act

    8. 9.Amendment of section 8 of the Act

    9. 10.Amendment of section 9 of the Act

    10. 11.Amendment of section 31 of the Act

    11. 12.Modified definition of “estate”

    12. 13.Amendment of section 50 of the Act

    13. 14.Amendment of section 51 of the Act

    14. 15.Amendment of section 52 of the Act

    15. 16.Conversion of trust deed into sequestration

    16. 17.Insertion into the Act of new sections 60A and 60B

    17. 18.Modification of regulation making powers

    18. 19.Amendment of section 73 of the Act

    19. 20.Amendment of Regulation 18 of the 1985 Regulations

    20. 21.Amendment of the Schedule to the 1985 Regulations (New form)

  3. PART II

    COMPANIES

    1. 22.Interpretation of Part II

    2. 23.Amendments to the principal Rules

    3. 24.Amendments to the principal Rules in relation to Introductory Provisions

    4. 25.Amendments to principal Rules in relation to Company Voluntary Arrangements

    5. 26.Amendments to the principal Rules in relation to Administration

    6. 27.Amendments to the principal Rules in relation to Companies Winding up

    7. 28.Amendment to the principal Rules in relation to Part 7 (provisions of general application)

    8. 29.Forms

  4. SCHEDULE 1

  5. SCHEDULE 2

Go to Explanatory Note

The Secretary of State, being designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to insolvency, in exercise of the powers conferred upon her by that section, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Insolvency (Scotland) Regulations 2003 and shall come into force on 8th September 2003.

(1)

1972 c. 68. The Secretary of State was designated by the European Communities (Designation) (No. 3) Order 2001 (S.I. 2001/3495). Section 57(1) of the Scotland Act 1998 (1998 c. 46) provides that despite the transfer to the Scottish Ministers of functions in relation to observing and implementing obligations under Community law, any function of a Minister of the crown shall continue to be exercisable by him as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972. Back [1]

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