2010 No. BANKRUPTCY. The Protected Trust Deeds (Scotland) Amendment Regulations 2010
|
|
- Barry Townsend
- 6 years ago
- Views:
Transcription
1 Draft Regulations laid before the Scottish Parliament under section 72(2) of the Bankruptcy (Scotland) Act 1985 for approval by resolution of the Scottish Parliament. SCOTTISH STATUTORY INSTRUMENTS 2010 No. BANKRUPTCY The Protected Trust Deeds (Scotland) Amendment Regulations 2010 Made Coming into force - - The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 20(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007(a) and section 13(2) of the Home Owner and Debtor Protection (Scotland) Act 2010(b) and all other powers enabling them to do so. In accordance with section 72(2) of the Bankruptcy (Scotland) Act 1985(c), a draft of these Regulations has been laid before and approved by resolution of the Scottish Parliament. Citation, commencement and extent 1. These Regulations may be cited as the Protected Trust Deeds (Scotland) Amendment Regulations 2010 and come into force on [ 2010]. Interpretation 2. (1) In these Regulations the Act means the Bankruptcy (Scotland) Act 1985; the 2008 Regulations means the Protected Trust Deeds (Scotland) Regulations 2008(d); the family home is as defined in section 40(4) of the Act(e); and trust deed is as defined in section 5(4A) of the Act(f). (2) Any reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000(g), which has been recorded and is consequently capable of being reproduced. (a) 2007 asp 3. Section 20(1) amends para 5 of Schedule 5 to the Bankruptcy (Scotland) Act (b) Section 13(2) amends para 5 of Schedule 5 to the Bankruptcy (Scotland) Act (c) 1985 c.66. Section 72(3)(b) is amended by section 13(1)(b) of the Home Owner and Debtor Protection (Scotland) Act (d) SSI 2008/143. (e) Section 40(4) was amended by section 10 of the Home Owner and Debtor Protection (Scotland) Act (f) Section 5(4A) was amended by section 10 of the Home Owner and Debtor Protection (Scotland) Act (g) 2000 c.7. Section 15 of the Electronic Communication Act 2000 (c.7) contains a definition of electronic communication. B
2 (3) Any reference in these Regulations to a regulation or a schedule shall be a reference to a regulation of or a schedule to the 2008 Regulations. Amendment of the 2008 Regulations 3. The 2008 Regulations shall be amended in terms of regulations 4 to 11 of these Regulations. Amendment of regulation 3 4. In regulation 3 insert as a protected trust deed after recorded and before by. Amendment of regulation 6 5. (1) For regulation 6(1) substitute (1) The trust deed must state (a) that subject to paragraph (3), all the debtor s estate (other than property listed in section 33(1) of the Act or which would be excluded from vesting in a trustee of a sequestrated estate under any other provision of that Act or other enactment or which in terms of the trust deed is stated as not to be conveyed to the trustee) is conveyed to the trustee; and (b) details of any creditor to be excluded from the trust deed in terms of section 5(4A)(b)(i) of the Act; details of the debt to be excluded, and that any excluded creditor has consented, subject to the trust deed being acceded to by the notified creditors in terms of regulation 9(2), to be excluded from voting in respect of the trust deed and drawing a dividend.. (2) After regulation 6(2) insert (3) Notwithstanding paragraph (1), the family home of the debtor is presumed not to be conveyed in terms of the trust deed to the trustee unless the trust deed states that it is included in the trust deed. (4) Where it is proposed that a creditor in terms of section 5(4A)(b)(i) of the Act is to be excluded from a trust deed in respect of any debt, the creditor must, before the trust deed is entered into, consent in terms of the form of Form 1A set out in Schedule 1 to these Regulations, subject to the trust deed being acceded to by the notified creditors in terms of regulation 9(2), to be excluded in respect of any debt. (5) Where a creditor is excluded in respect of any debt, the creditor shall not be discharged in respect of the debt by a protected trust deed not shall the creditor, unless the creditor has agreed to the contrary, be precluded from petitioning for the sequestration of the debtor.. Recording in Register of Insolvencies 6. For regulation 7 substitute Recording in the Register of Insolvencies 7. (1) Forthwith after the trust deed has been delivered to the trustee, he or she must send to the Accountant (a) a copy of the trust deed; (b) a copy of the signed statement referred to in regulation 6(2)); and (c) a copy of the notice of trust deed in the form of Form 2A set out in Schedule 1 to these Regulations. (2) On receipt of the documents listed in paragraph (1), the Accountant must forthwith record the trust deed and the notice of trust deed referred to in regulation 7(1)(c) in the Register of Insolvencies.. B
3 Amendment of regulation 8 7. Regulation 8 is amended as follows (a) for of publication of the notice referred to in regulation 7 substitute on which the notice referred to in regulation 7(1)(c) is recorded in the Register of Insolvencies; and (b) after sub-paragraph (viii) insert (ix) a statement by the trustee of the existence of any trust deed terminated by the debtor in the 6 month period preceding the date of the current trust deed.. Amendment of regulation 9 8. For regulation 9 substitute Accession by creditors to the trust deed 9. (1) The trust deed must be acceded to by the notified creditors (other than any excluded creditor). (2) The trust deed will be deemed to be acceded to by the notified creditors, unless within the relevant period the trustee has received notification in writing from a majority in number or not less than one third in value of those creditors that they object to the trust deed. (3) Where notified creditors do not accede to the trust deed in terms of paragraph (1) the debtor may terminate the trust deed in a written letter to the trustee. (4) A letter of termination in terms of sub-paragraph (3) does not discharge the debtor from any debts and obligations under the trust deed. (5) On receiving termination in writing from the debtor, the trustee will (a) notify the creditors in writing that the trust deed has been terminated and that the trustee shall be deemed to have been discharged by the creditors; and (b) send a copy of the written notification referred to in sub-paragraph (5)(a) to the Accountant. (6) The termination of the trust deed will not affect the entitlement of the trustee under regulation 18 to remuneration for work done in administering a trust deed.. Amendment of regulation For regulation 10 substitute Registration of protected status 10. As soon as reasonably practicable after the expiry of the relevant period, the trustee must send to the Accountant for registration in the Register of Insolvencies (a) a copy of the consent form referred to in regulation 6(4); (b) a statement by the trustee that those creditors, if any, who have objected in writing to the trust deed during the relevant period do not constitute (i) a majority in number of the creditors; or (ii) one third or greater in value of the creditors; (c) a copy of the statement of the debtor s affairs referred to in regulation 8(c); and (d) a statement in the form of Form 3 set out in Schedule 1 to these Regulations of anticipated realisations from the protected trust deed, and the Accountant shall forthwith record the trust deed as a protected trust deed in the Register of Insolvencies.. B
4 Amendment of regulation In regulation 19 after paragraph (1) insert (1A) A refusal by the debtor to consent to the sale of his or her family home will not be deemed to be a failure to meet his or her obligations for the purpose of regulation 19(1).. Amendment of Schedule In Schedule 1 (a) revoke Form 1 (notice in Edinburgh Gazette by trustee under a trust deed for the benefit of creditors); (b) insert as new Form 1A (consent of creditors to be excluded from a trust deed) the form set out in Schedule 1 to these Regulations; and (c) insert as new Form 2A (notice of trust deed) the form set out in Schedule 2 to these Regulations. Transitional 12. These regulations apply in respect only of trust deeds entered into after the coming into force of these Regulations. St Andrew s House, Edinburgh 2010 Authorised to sign by the Scottish Ministers SCHEDULE 1 Regulation 5 FORM 1A Consent of Creditor to be excluded from a Trust Deed Part 1 (to be completed by debtor or prospective trustee) Creditor s details Insert creditor s name Insert creditor s address Town County Postcode B
5 Particulars of debt Amount (see note 5 overleaf) Description Reference Debtor s details Insert debtor s name Insert debtor s address Town County Postcode Details of projected realisations from Protected Trust Deed Part 2 (to be completed by Creditor) I consent as a creditor of the debtor that the above described debt shall not participate in any trust deed entered into by the debtor in terms of the draft trust deed attached provided it achieves protected status. I understand that if the debt is excluded from the trust deed my rights to recover the specified debt are not affected nor, subject to any agreement to the contrary, my right to petition for the sequestration of the debtor; the terms of repayment of the debt are not affected, and I will not vote in respect of any trust deed entered into by the debtor in terms of the draft trust deed attached nor receive a dividend under the trust deed and that the discharge of the debtor in terms of the trust deed shall not discharge the above described debt. This consent will expire on a trust deed in terms of the draft deed being entered into by the debtor and achieving protected status or within 3 months of today s date, whichever is earlier. Signed (excluded creditor) Date Signed (Creditor/creditor s authorised representative) Date. B
6 SCHEDULE 2 Regulation 5 FORM 2A NOTICE OF TRUST DEED B
7 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the Protected Trust Deeds (Scotland) Regulations 2008 to implement changes entailed in relation to trust deeds in consequence of the provisions in section 10 of the Home Owner and Debtor Protection (Scotland) Act Section 10 of that Act amended the definition of trust deed in section 5(4A) of the 1985 Act, so that a trust deed could become protected even if the family home of the debtor was not comprised in the assets of the debtor which are conveyed to the trustee. At present all the debtor s assets must be conveyed except property listed in section 33(1) of the 1985 Act or which would be excluded from vesting in a trustee of a sequestrated estate under any other provision of that Act or other enactment. The amendment of the definition of trust deed in section 5(4A) of the 1985 Act also allows Scottish Ministers to prescribe further classes of asset that may be excluded, but at present no further class of asset is prescribed. The exclusion of the family home in a protected trust deed remains subject to creditors agreeing to the terms of the trust deed according to the statutory majorities, namely that those creditors, if any, who have objected in writing to the trust deed during the relevant period do not constitute (i) a majority in number of the creditors; or (ii) one third or greater in value of the creditors. Section 10 of the Home Owner and Debtor Protection (Scotland) Act 2010 also amended section 5(4A) of the 1985 Act to allow a creditor to be allowed not to participate in a protected trust deed. At present certain debts are by statute excluded like student loans. Where they are excluded by statute the creditor is not discharged from his or her debt but in turn does not vote in respect of the trust deed as to whether it is protected, does not draw a dividend and remains entitled to sequestrate the debtor irrespective of the protected trust deed if the grounds are open. The amendment of section 5(4A) of the 1985 Act follows this model with the additional provision that any such exclusion must be with the prior consent of the creditor who is to be excluded and again subject to creditors agreeing to the terms of the trust deed according to the statutory majorities, but with the excluded creditor not entitled to vote. This arrangement does not entitle any creditor to opt out of the protected trust deed. These changes to the definition of trust deed introducing more flexibility to protected trust deeds are reflected in the regulations as follows. Regulation 4 amends regulation 3 of the 2008 Regulations to the effect that a trust deed becomes a protected trust deed after it is registered as such in the Register of Insolvencies. At present there is only one recording of the trust deed which is after creditors have acceded to it. The amendment to regulation 7 of the 2008 regulations effected by regulation 5 of these Regulations prescribes a recording at an earlier stage and therefore there is need to differentiate between that recording and the later one after creditors have acceded to the trust deed. Regulation 5 amends the statement of the debtor and creditor prescribed by regulation 6(1)(a) of the 2008 Regulations, so that it affirms that the trust deed states: (a) that the trust deed is to convey all the property of the debtor to the trustee other than property excluded by statute (as at present) and property excluded by the terms of the trust deed (new); and (b) details of any creditor to be excluded and of the debt and of creditor s consent to be excluded and how that exclusion is contingent on the trust deed becoming protected, and how exclusion would preclude the creditor from voting in respect of the trust deed achieving protected status and drawing a dividend. Secondly regulation 5 amends regulation 6 of the 2008 Regulations to add a paragraph (3) to the effect that there is a presumption that a family home of the debtor is excluded from the trust deed unless it is expressly included in terms of the trust deed. Secondly it amends regulation 6 of the 2008 Regulations to add a paragraph (4) to the effect any creditor to be excluded in respect of any debt must sign a consent Form as set out in the Schedule 1 to the these Regulations and added as a new form to those set out in the 2008 Regulations. The prescribed form in the Schedule sets out the basis on which the consent is given, namely that it is contingent on the trust deed becoming B
8 protected and the excluded creditor has the figures for the projected realisations. Because it is envisaged that the consent will be given prior to the trust deed being entered into, the consent is given on the basis of a draft form in terms of the trust deed to be entered into. Regulation 6 amends regulation 7 of the 2008 Regulations, so that the trust deed documentation is now recorded in the Register of Insolvencies as soon as the trust deed is entered into. Regulation 9 amends regulation 10 of the 2008 Regulations, to the effect that where the conditions for a trust deed achieving protected trust deed status are fulfilled the documentation is to be recorded in the Register of Regulation 9 amends regulation 10 of the 2008 Regulations, to the effect that where the conditions for a trust deed achieving protected trust deed status are fulfilled the documentation is to be recorded in the Register of Insolvencies by the Accountant in Bankruptcy, from which time the trust deed is protected.. B
2013 No. 318 BANKRUPTCY
S C O T T I S H S TAT U T O R Y I N S T R U M E N T S 2013 No. 318 BANKRUPTCY The Protected Trust Deeds (Scotland) Regulations 2013 Made - - Coming into force - - 6th November 2013-28th November 2013 The
More informationBankruptcy and Debt Advice (Scotland) Bill [AS INTRODUCED]
Bankruptcy and Debt Advice (Scotland) Bill [AS INTRODUCED] CONTENTS Section Advice and education 1 Sequestration of estate of living debtor: money advice 2 Financial education for debtor Payments by debtor
More informationBANKRUPTCY (SCOTLAND) BILL
BANKRUPTCY (SCOTLAND) BILL DELEGATED POWERS MEMORANDUM INTRODUCTION 1. This memorandum has been prepared by the Scottish Government in accordance with Rule 9.4A of the Parliament s Standing Orders, in
More information2008 No. (C. ) INSOLVENCY DEBT. The Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No. 3, Savings and Transitionals) Order 2008
SCOTTISH STATUTORY INSTRUMENTS 2008 No. (C. ) INSOLVENCY BANKRUPTCY DEBT DILIGENCE The Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No. 3, Savings and Transitionals) Order 2008 Made
More informationSTATEMENT OF INSOLVENCY PRACTICE 3A (SCOTLAND) 2009 TRUST DEEDS
STATEMENT OF INSOLVENCY PRACTICE 3A (SCOTLAND) 2009 TRUST DEEDS 1 INTRODUCTION 1.1 This Statement of Insolvency Practice (SIP) is one of a series of guidance notes issued to licensed insolvency practitioners
More informationBANKRUPTCY AND DEBT ADVICE (SCOTLAND) BILL
BANKRUPTCY AND DEBT ADVICE (SCOTLAND) BILL DELEGATED POWERS MEMORANDUM PURPOSE 1. This memorandum has been prepared by the Scottish Government in accordance with Rule 9.4A of the Parliament s Standing
More informationGaelic Language (Scotland) Act asp 7
Gaelic Language (Scotland) Act 2005 2005 asp 7 The Bill for this Act of the Scottish Parliament was passed by the Parliament on 21st April 2005 and received Royal Assent on 1st June 2005 An Act of the
More informationBankruptcy (Amendment) 1 A BILL. i n t i t u l e d. An Act to amend the Bankruptcy Act [ ]
Bankruptcy (Amendment) 1 A BILL i n t i t u l e d An Act to amend the Bankruptcy Act 1967. [ ] ENACTED by the Parliament of Malaysia as follows: Short title and commencement 1. (1) This Act may be cited
More informationDirective 98/26/EC on Settlement Finality in Payment and Securities Settlement Systems
1 final report 2 A: 1 N: a SCOPE AND DEFINITIONS The provisions of this Directive shall apply to: (a) any system as defined in Article 2(a), governed by the law of a Member State and operating in any currency,
More informationDAMAGES (INVESTMENT RETURNS AND PERIODICAL PAYMENTS) (SCOTLAND) BILL
This document relates to the Damages (Investment Returns and Periodical Payments) (Scotland) DAMAGES (INVESTMENT RETURNS AND PERIODICAL PAYMENTS) (SCOTLAND) BILL EXPLANATORY NOTES INTRODUCTION 1. As required
More informationBANKRUPTCY (AMENDMENT) ACT
Bankruptcy (Amendment) 1 LAWS OF MALAYSIA BANKRUPTCY (AMENDMENT) ACT 2017 2 Laws of Malaysia Date of Royal Assent...... 10 May 2017 Date of publication in the Gazette......... 18 May 2017 Publisher s Copyright
More information2009 No. 222 TOWN AND COUNTRY PLANNING
SCOTTISH STATUTORY INSTRUMENTS 2009 No. 222 TOWN AND COUNTRY PLANNING The Planning etc. (Scotland) Act 2006 (Development Management and Appeals) (Saving, Transitional and Consequential Provisions) Order
More informationBALFOUR & MANSON ANNUAL FAMILY LAW CONFERENCE 4 MARCH 2013 HELP, MY EX HAS BEEN SEQUESTRATED!
BALFOUR & MANSON ANNUAL FAMILY LAW CONFERENCE 4 MARCH 2013 HELP, MY EX HAS BEEN SEQUESTRATED! Introduction [1] It was only a matter of time before recession meant that sequestration had an impact on financial
More information2015 No. 229 ANCIENT MONUMENTS. The Scheduled Monument Consent Procedure (Scotland) Regulations 2015
S C O T T I S H S T A T U T O R Y I N S T R U M E N T S 2015 No. 229 ANCIENT MONUMENTS The Scheduled Monument Consent Procedure (Scotland) Regulations 2015 Made - - - - 2nd June 2015 Laid before the Scottish
More information557. Hearing of proceedings otherwise than in public Power of court to order the return of assets which have been improperly transferred.
557. Hearing of proceedings otherwise than in public. 558. Power of court to order the return of assets which have been improperly transferred. 559. Reporting to Director of Corporate Enforcement of misconduct
More informationJUDGMENT. Dooneen Ltd (t/a McGinness Associates) and another (Respondents) v Mond (Appellant) (Scotland)
Michaelmas Term [2018] UKSC 54 On appeal from: [2016] CSIH 59 JUDGMENT Dooneen Ltd (t/a McGinness Associates) and another (Respondents) v Mond (Appellant) (Scotland) before Lord Reed, Deputy President
More informationChapter 4 Creditors Voluntary Winding Up Application of Chapter. MKD/096/AC#
[PART 11 WINDING UP Chapter 1 Preliminary and Interpretation 549. Interpretation (Part 11). 550. Restriction of this Part. 551. Modes of winding up - general statement as to position under Act. 552. Types
More informationCorruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1999
Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1999 (Enacted in 1999) PART I Preliminary 1. Short title 1. This Act may be cited as the Corruption, Drug Trafficking
More informationBIA s.267. UNCITRAL Model Law. Proposed Wording
BIA s.267 267. The purpose of this Part is to provide mechanisms for dealing with cases of cross-border insolvencies and to promote (a) cooperation between the courts and other competent authorities in
More informationBODIES CORPORATE (OFFICIAL LIQUIDATIONS) ACT, 1963 (ACT 180). ARRANGEMENT OF SECTIONS PART I OFFICIAL LIQUIDATIONS
BODIES CORPORATE (OFFICIAL LIQUIDATIONS) ACT, 1963 (ACT 180). ARRANGEMENT OF SECTIONS PART I OFFICIAL LIQUIDATIONS Commencement of Proceedings Section 1. Modes of winding up. 2. Procedure on resolution.
More informationImpact of enforcement of the Insolvency and Bankruptcy Code, 2016 on the sections to the Companies Act, 2013
Impact of enforcement of the Insolvency and Bankruptcy Code, 2016 on the sections to the Companies Act, 2013 Section 245 to 255 of Insolvency and Bankruptcy Code, 2016 enlists the amendments, resulting
More informationINSOLVENCY ACT, (Act No.4 of 2013) ARRANGEMENT OF SECTIONS PART I - PRELIMINARY
INSOLVENCY ACT, 2013 (Act No.4 of 2013) Sections ARRANGEMENT OF SECTIONS PART I - PRELIMINARY 1. Short title and commencement 2. Interpretation PART II - BANKRUPTCY Sub-Part I Declaration of Bankruptcy
More information2013 No. 188 MOBILE HOMES
This SSI has been printed in substitution of the S.S.I. of the same number and is being issued free of charge to all known recipients of that instrument which was not printed. SCOTTISH STATUTORY INSTRUMENTS
More informationCHAPTER 26 THE DEEDS OF ARRANGEMENT ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS
Section CHAPTER 26 THE DEEDS OF ARRANGEMENT ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS Title PART I PRELIMINARY PROVISIONS 1. Short title. 2. Interpretation. 3. Deeds of arrangement to which the
More informationTHE ADMINISTRATORS-GENERAL ACT, 1963
THE ADMINISTRATORS-GENERAL ACT, 1963 ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II 3. Appointment of Administrator-General.
More informationREPORTING BY PUBLIC ENTITIES ACT 93 OF 1992 (Prior to repeal by Act 1 of 1999)
REPORTING BY PUBLIC ENTITIES ACT 93 OF 1992 (Prior to repeal by Act 1 of 1999) [ASSENTED TO 18 JUNE 1992] [DATE OF COMMENCEMENT: 1 AUGUST 1992] (Afrikaans text signed by the State President) as amended
More informationBANKRUPTCY ACT (CHAPTER 20)
BANKRUPTCY ACT (CHAPTER 20) Act 15 of 1995 1996REVISED EDITION Cap. 20 2000 REVISEDEDITION Cap. 20 37 of 1999 42 of 1999 S 380/97 S 126/99 S 301/99 37 of 2001 38 of 2002 An Act relating to the law of bankruptcy
More informationTHE LAWS OF THE VIRGIN ISLANDS. STATUTORY INSTRUMENT No. 45 of 2005 INSOLVENCY RULES, 2005
THE LAWS OF THE VIRGIN ISLANDS STATUTORY INSTRUMENT No. 45 of 2005 INSOLVENCY RULES, 2005 Based on the Insolvency Rules, 2005 (Statutory Instrument No. 45 of 2005) and amendments made by the Insurance
More informationGoods Mortgages Bill
CONTENTS PART 1 INTRODUCTORY 1 Overview PART 2 CREATION OF GOODS MORTGAGES Goods mortgages 2 Goods mortgages 3 Goods mortgages: co-owners 4 Qualifying goods Requirements to be met in relation to instrument
More informationWinding up by court 568. Application of Chapter 569. Circumstances in which company may be wound up by the court
PART 11 WINDING UP CHAPTER 1 Preliminary and interpretation 559. Interpretation (Part 11) 560. Restriction of this Part 561. Modes of winding up general statement as to position under Act 562. Types of
More informationGoods Mortgages Bill [HL]
Goods Mortgages Bill [HL] CONTENTS PART 1 INTRODUCTORY 1 Overview PART 2 CREATION OF GOODS MORTGAGES Goods mortgages 2 Goods mortgages 3 Goods mortgages: co-owners 4 Qualifying goods Requirements to be
More informationSHERIFFDOM OF TAYSIDE CENTRAL AND FIFE AT FORFAR NOTE BY SHERIFF GREGOR MURRAY. in relation to PETITIONS FOR SEQUESTRATION ANGUS COUNCIL
SHERIFFDOM OF TAYSIDE CENTRAL AND FIFE AT FORFAR SQ36/18; SQ47/18; SQ48/18 [2018] SC FOR 65 NOTE BY SHERIFF GREGOR MURRAY in relation to PETITIONS FOR SEQUESTRATION by ANGUS COUNCIL seeking Warrants to
More informationDirective 98/26/EC on Settlement Finality in Payment and Securities Settlement Systems
Directive 9826EC on Settlement Finality in Payment and Securities Settlement Systems 1 Directive 9826EC The Financial Markets and Insolvency (Settlement Finality) Regulations 1999 1 Text Applicability
More informationMissing Persons Guardianship Bill [HL]
Missing Persons Guardianship Bill [HL] CONTENTS Missing Persons Guardianship Orders 1 Application for a Guardianship Order in respect of the estate of a missing person 2 Entitlement to notice of an application
More information2017 No. ENVIRONMENTAL PROTECTION. Environmental Authorisations (Scotland) Regulations 2018
DRAFT 22 SEPTEMBER 2017 Draft Regulations laid before the Scottish Parliament under section 58(4) of the Regulatory Reform (Scotland) Act 2014, for approval by resolution of the Scottish Parliament. D
More informationGaelic Language (Scotland)
http://www.opsi.gov.uk/legislation/scotland/acts2005/20050007... Gaelic Language (Scotland) Act 2005 2005 asp 7 Crown Copyright 2005 Acts of the Scottish Parliament printed from this website are printed
More informationFinancial Guidance and Claims Bill [HL]
[AS AMENDED ON REPORT] CONTENTS PART 1 FINANCIAL GUIDANCE Establishment of the single financial guidance body 1 The single financial guidance body Functions and objectives of the single financial guidance
More informationWinding up. Tribunal. Voluntary (Now governed by the Insolvency and Bankruptcy Code)
Winding up Tribunal (the provision relating to the inability to pay debts now covered by the Insolvency and Bankruptcy Code) Voluntary (Now governed by the Insolvency and Bankruptcy Code) JURISDICTION:
More informationTitle Conditions (Scotland) Bill
Title Conditions (Scotland) Bill [AS PASSED] CONTENTS Section PART 1 REAL BURDENS: GENERAL Meaning and creation 1 The expression real burden 2 Affirmative, negative and ancillary burdens 3 Other characteristics
More informationThe Nursing and Midwifery (Constitution) Order 2008
The Nursing and Midwifery (Constitution) Order 2008 (SI 2008/2553) Consolidated text Effective from 2 nd June 2014 This consolidated text has been produced for internal use by the Nursing and Midwifery
More informationRegulations. entitled. European Communities (Electronic Money) Regulations 2002
S.I. No. 221 of 2002 Regulations entitled European Communities (Electronic Money) Regulations 2002 Presentation No.: 11644 Price: 4.06 European Communities (Electronic Money) Regulations 2002 Arrangement
More informationCHAPTER 2. Appointment of examiner
PART 10 EXAMINERSHIPS CHAPTER 1 Interpretation 508. Interpretation (Part 10) 509. Power of court to appoint examiner 510. Petition for court 511. Independent expert s report CHAPTER 2 Appointment of examiner
More informationGLASGOW CALEDONIAN UNIVERSITY DIVISION OF SCHOOL OF LAW AND SOCIAL SCIENCES DIVISION OF LAW COMMERCIAL LAW 2 (LAWL208)
GLASGOW CALEDONIAN UNIVERSITY DIVISION OF SCHOOL OF LAW AND SOCIAL SCIENCES DIVISION OF LAW COMMERCIAL LAW 2 (LAWL208) TUESDAY, 26 MAY 2009 09.30-11.30 Candidates must attempt ONE question from Section
More informationSTATEMENT OF INSOLVENCY PRACTICE 4 (SCOTLAND) DISQUALIFICATION OF DIRECTORS
STATEMENT OF INSOLVENCY PRACTICE 4 (SCOTLAND) 1 INTRODUCTION DISQUALIFICATION OF DIRECTORS 1.1 This Statement of Insolvency Practice is to be read in conjunction with the Explanatory Foreword. 1.2 This
More informationSTATE FINANCE ACT 31 OF [Government Gazette 30 December 1991 No. 333] commencement: 12 March 1992] ACT
STATE FINANCE ACT 31 OF 1991 [Government Gazette 30 December 1991 No. 333] commencement: 12 March 1992] [Date of ACT To provide for the regulation of the receipt, custody and banking of, the accounting
More informationLOCAL LOANS (REGISTERED STOCK AND SECURITIES) ACT
LOCAL LOANS (REGISTERED STOCK AND SECURITIES) ACT ARRANGEMENT OF SECTIONS PART I Preliminary 1. Short title. 2. Interpretation. PART II Power to raise loans 3. Issue of registered stock, promissory notes
More informationTHE FORWARD CONTRACTS (REGULATION) AMENDMENT BILL, 2010
AS INTRODUCED IN LOK SABHA Bill No. 146 of 20 74 of 1952. 5 THE FORWARD CONTRACTS (REGULATION) AMENDMENT BILL, 20 A BILL further to amend the Forward Contracts (Regulation) Act, 1952 and the Securities
More informationALIENATION OF LAND ACT NO. 68 OF 1981
ALIENATION OF LAND ACT NO. 68 OF 1981 [View Regulation] [ASSENTED TO 28 AUGUST, 1981] DATE OF COMMENCEMENT: 19 OCTOBER, 1982] (except s. 26 on 6 December, 1983) (English text signed by the State President)
More informationTHIS DOCUMENT CONTAINS THE INDICATIVE TERMS AND CONDITIONS FOR THE WORKREADY HEAD AGREEMENT
THIS DOCUMENT CONTAINS THE INDICATIVE TERMS AND CONDITIONS FOR THE WORKREADY HEAD AGREEMENT NOTE: Where the term Minister is used it refers to the Minister for Employment, Higher Education and Skills and
More information1. This Order may be cited as the Proceeds of Criminal Conduct (Designated Countries and Territories) Order, 1999.
VIRGIN ISLANDS STATUTORY INSTRUMENT 1999 NO. 49 PROCEEDS OF CRIMINAL CONDUCT ACT (No. 5 of 1997) Proceeds of Criminal Conduct (Designated Countries and Territories) Order, 1999 [ Gazetted 14 th October,
More informationFinancial Guidance and Claims Bill [HL]
Financial Guidance and Claims Bill [HL] [AS AMENDED IN PUBLIC BILL COMMITTEE] CONTENTS PART 1 FINANCIAL GUIDANCE Establishment of the single financial guidance body 1 The single financial guidance body
More informationCHARITIES AND TRUSTEE INVESTMENT (SCOTLAND) ACT 2005 EXPLANATORY NOTES
Appendix 1 CHARITIES AND TRUSTEE INVESTMENT (SCOTLAND) ACT 2005 Chapter 9 - Charity trustees Charity trustees: general duties EXPLANATORY NOTES 79. The term "charity trustees" (which is defined in section
More informationALIENATION OF LAND ACT 68 OF 1981 i * [ASSENTED TO 28 AUGUST 1981] [DATE OF COMMENCEMENT: 19 OCTOBER 1982] (Except s. 26: 6 December 1983) (English
ALIENATION OF LAND ACT 68 OF 1981 i * [ASSENTED TO 28 AUGUST 1981] [DATE OF COMMENCEMENT: 19 OCTOBER 1982] (Except s. 26: 6 December 1983) (English text signed by the State President) as amended by Alienation
More information[ Nursing and Midwifery Council (Practice Committees) (Constitution) Rules 2008 ] 1 (SI 2008/3148)
[ Nursing and Midwifery Council (Practice Committees) (Constitution) Rules 2008 ] 1 (SI 2008/3148) Unofficial consolidated text Effective from 31 March 2017 This consolidated text has been produced for
More informationFinancial Guidance and Claims Bill [HL]
Financial Guidance and Claims Bill [HL] EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Department for Work and Pensions and HM Treasury, are published separately as HL Bill 1 EN. EUROPEAN
More informationBERMUDA LAND TITLE REGISTRATION AMENDMENT ACT : 47
QUO FA T A F U E R N T BERMUDA LAND TITLE REGISTRATION AMENDMENT ACT 2017 2017 : 47 TABLE OF CONTENTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Citation Amends section 3 Inserts section 3A
More information2008 No. 426 TOWN AND COUNTRY PLANNING. The Town and Country Planning (Development Planning) (Scotland) Regulations 2008
SCOTTISH STATUTORY INSTRUMENTS 2008 No. 426 TOWN AND COUNTRY PLANNING The Town and Country Planning (Development Planning) (Scotland) Regulations 2008 Made - - - - 18th December 2008 Laid before the Scottish
More information2015 No. 249 TOWN AND COUNTRY PLANNING. The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2015
S C O T T I S H S T A T U T O R Y I N S T R U M E N T S 2015 No. 249 TOWN AND COUNTRY PLANNING The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2015 Made - - - - 4th June
More information2008 No. 29 NATIONAL HEALTH SERVICE, WALES. The Alternative Provider Medical Services (Wales) Directions 2008
SUBORDINATE LEGISLATION 2008 No. 29 NATIONAL HEALTH SERVICE, WALES The Alternative Provider Medical Services (Wales) Directions 2008 Made - - - - 15 th September 2008 Coming into force - - 16 th September
More informationNow therefore this deed witnesses and it is hereby declared as follows
Small Self-Administered Scheme This Deed of Amendment is made on the date entered as the Date of Execution in the Schedule hereto by the person or persons named in the Schedule as the principal employer
More information2005 No. 491 HARBOURS, DOCKS, PIERS AND FERRIES
This Scottish Statutory Instrument has been printed in substitution of the S.S.I. of the same number and is being issued free of charge to all known recipients of the Instrument SCOTTISH STATUTORY INSTRUMENTS
More informationSECOND SUPPLEMENT TO THE GIBRALTAR GAZETTE No of 28 November, 2002
SECOND SUPPLEMENT TO THE GIBRALTAR GAZETTE No. 3315 of 28 November, 2002 LEGAL NOTICE NO. 92 OF 2002 FINANCIAL SERVICES ORDINANCE THE FINANCIAL MARKETS AND INSOLVENCY (SETTLEMENT FINALITY) REGULATIONS
More informationINSOLVENCY STATUTORY MATERIALS FOR DISCUSSION IN LECTURE 12 ON 15 AUGUST 2017 CORPORATIONS ACT 2001 STATUTORY DEMANDS
INSOLVENCY STATUTORY MATERIALS FOR DISCUSSION IN LECTURE 12 ON 15 AUGUST 2017 CORPORATIONS ACT 2001 STATUTORY DEMANDS Part 5.4 Winding up in insolvency Division 1 When company to be wound up in insolvency
More informationPremium Savings Bonds Regulations 1972
1972 No 765 Premium Savings Bonds Regulations 1972 Made - - - 17th May 1972 Authority: National Debt Act 1972, s 11 1 Citation and commencement Preliminary These Regulations may be cited as the Premium
More informationCHAPTER 18:01 SOCIETIES
CHAPTER 18:01 SOCIETIES ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Act not to apply to certain societies 3. Interpretation 4. Appointment of Registrar of Societies 5. Societies deemed to be established
More information(27 November 1998 to date) ALIENATION OF LAND ACT 68 OF 1981
(27 November 1998 to date) [This is the current version and applies as from 27 November 1998, i.e. the date of commencement of the Alienation of Land Amendment Act 103 of 1998 to date] ALIENATION OF LAND
More informationTHE INSOLVENCY AND BANKRUPTCY CODE (SECOND AMENDMENT) BILL, 2018
AS INTRODUCED IN LOK SABHA Bill No. 127 of 2018 31 of 2016. 5 THE INSOLVENCY AND BANKRUPTCY CODE (SECOND AMENDMENT) BILL, 2018 A BILL further to amend the Insolvency and Bankruptcy Code, 2016. BE it enacted
More informationPART 24 INVESTMENT COMPANIES CHAPTER 1 Preliminary and interpretation Interpretation (Part 24)
PART 24 INVESTMENT COMPANIES CHAPTER 1 Preliminary and interpretation 1385. Interpretation (Part 24) 60 [No. 38.] Companies Act 2014. [2014.] 1386. Definition of investment company and construction of
More informationPRESCRIPTION (SCOTLAND) BILL
PRESCRIPTION (SCOTLAND) BILL EXPLANATORY NOTES INTRODUCTION 1. As required under Rule 9.3.2A of the Parliament s Standing Orders, these Explanatory Notes are published to accompany the Prescription (Scotland)
More informationLIMITED PARTNERSHIP ACT
ANGUILLA INTERIM REVISED STATUTES OF ANGUILLA 2000 CHAPTER 7 LIMITED PARTNERSHIP ACT Showing the Law as at 16 October 2000 Published by Authority Printed in The Attorney General s Chambers ANGUILLA Government
More informationREPUBLIC OF KENYA ACTS, NAIROBI, 15th September, 2015 CONTENT
SPECIAL ISSUE Kenya Gazette Supplement No. 160 (Acts No. 19) REPUBLIC OF KENYA KENYA G.A.ZETTE SUPPLEMENT ACTS, 2015 NAIROBI, 15th September, 2015 CONTENT Act PAGE The Companies and Insolvency Legislation
More information2009 No. 183 NATIONAL HEALTH SERVICE. The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009
SCOTTISH STATUTORY INSTRUMENTS 2009 No. 183 NATIONAL HEALTH SERVICE The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009 Made - - - - 14th May 2009 Laid before the Scottish
More informationPublic Finance and Accountability (Scotland) Bill [AS INTRODUCED]
Public Finance and Accountability (Scotland) Bill [AS INTRODUCED] CONTENTS Section PART 1 PUBLIC RESOURCES AND FINANCES 1 Use of resources 2 Emergency arrangements 3 Contingencies Use of resources The
More informationTHE COMPANIES ACT 2006 COMPANY LIMITED BY GUARANTEE AND NOT HAVING A SHARE CAPITAL. ARTICLES of ASSOCIATION BUILT ENVIRONMENT FORUM SCOTLAND
THE COMPANIES ACT 2006 COMPANY LIMITED BY GUARANTEE AND NOT HAVING A SHARE CAPITAL ARTICLES of ASSOCIATION of BUILT ENVIRONMENT FORUM SCOTLAND (Registered Company 250970) (Scottish Charity 034488) Interpretation
More information2012 No. 36 NATIONAL HEALTH SERVICE. The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012
SCOTTISH STATUTORY INSTRUMENTS 2012 No. 36 NATIONAL HEALTH SERVICE The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012 Made - - - - 8th February 2012 Laid
More informationA BILL. i n t i t u l e d. An Act to amend the Labuan Offshore Trusts Act 1996.
A BILL i n t i t u l e d An Act to amend the Labuan Offshore Trusts Act 1996. [ ] ENACTED by the Parliament of Malaysia as follows: Short title and commencement 1. (1) This Act may be cited as the Labuan
More informationLEGAL 509 to the Government Gazette of Mauritius No. 105 of 3 December 2016
LEGAL 509 to the Government Gazette of Mauritius No. 105 of 3 December 2016 THE LIMITED LIABILITY PARTNERSHIPS ACT 2016 Act No. 24 of 2016 I assent Bibi Ameenah Firdaus Gurib-Fakim 2 December 2016 President
More informationFinancial Administration Act, Act,
Financial Administration Act, Act, 2003 2003 ARRANGEMENT OF SECTIONS Section PART I CONTROL AND MANAGEMENT OF PUBLIC FUNDS 1. Powers and responsibilities of the Minister 2. Duties of the Minister 3. Appointment
More informationCorporate Reorganization Act
Corporate Reorganization Act (Act No. 154 of December 13, 2002) The Corporate Reorganization Act (Act No. 172 of 1952) shall be fully revised. Chapter I General Provisions (Article 1 to Article 16) Chapter
More informationKENYA GAZETTE SUPPLEMENT
SPECIAL ISSUE Kenya Gazette Supplement No. 159 (Acts No. 18) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS, 2015 NAIROBI, 15th September, 2015 CONTENT Act PAGE The Insolvency Act, 2015...1023 PRINTED
More informationHigher National Unit specification: general information
Higher National Unit specification: general information Unit code: H490 35 Superclass: EC Publication date: May 2013 Source: Scottish Qualifications Authority Version: 01 Unit purpose This Unit is designed
More informationSAMOA INTERNATIONAL TRUSTS ACT (as amended, 2005) ARRANGEMENT OF SECTIONS PART I - PRELIMINARY PART II - LAWS APPLICABLE TO INTERNATIONAL TRUSTS
1. Short title and commencement 2. Interpretation 3. Application of Act SAMOA INTERNATIONAL TRUSTS ACT 1987 (as amended, 2005) ARRANGEMENT OF SECTIONS PART I - PRELIMINARY PART II - LAWS APPLICABLE TO
More informationTHE ENFORCEMENT OF SECURITY INTEREST AND RECOVERY OF DEBTS LAWS (AMENDMENT) BILL, 2012
9 Bill No. 122-F of 2011 THE ENFORCEMENT OF SECURITY INTEREST AND RECOVERY OF DEBTS LAWS (AMENDMENT) BILL, 2012 (AS PASSED BY THE HOUSES OF PARLIAMENT LOK SABHA ON 10TH DECEMBER, 2012 RAJYA SABHA ON 20TH
More information2017 No POLICE, ENGLAND AND WALES. The Police Federation (England and Wales) Regulations 2017
S T A T U T O R Y I N S T R U M E N T S 2017 No. 1140 POLICE, ENGLAND AND WALES The Police Federation (England and Wales) Regulations 2017 Made - - - - 22nd November 2017 Laid before Parliament 30th November
More informationACT AMENDING THE FINANCIAL OPERATIONS, INSOLVENCY PROCEEDINGS AND COMPULSORY DISSOLUTION ACT (ZFPPIPP-C) Article 1
ACT AMENDING THE FINANCIAL OPERATIONS, INSOLVENCY PROCEEDINGS AND COMPULSORY DISSOLUTION ACT (ZFPPIPP-C) Article 1 Point 6 of Article 4 of the Financial Operations, Insolvency Proceedings and Compulsory
More information30. CONVENTION ON THE LAW APPLICABLE TO TRUSTS AND ON THEIR RECOGNITION 1. (Concluded 1 July 1985)
30. CONVENTION ON THE LAW APPLICABLE TO TRUSTS AND ON THEIR RECOGNITION 1 (Concluded 1 July 1985) The States signatory to the present Convention, Considering that the trust, as developed in courts of equity
More informationExchange Control Regulations, 1996 S.I. 109 of 1996
[Gazetted 5th July 1996.] Amended by SI 258A/97; 89/03; 5/04 and 24/05 ARRANGEMENT OF SECTIONS PART I: PRELIMINARY Section 1. Title. 2. Interpretation. 3. Determination of residence. PART II: DEALINGS
More informationCURATELLE ACT. Act 12 of October 1973 ARRANGEMENT OF SECTIONS PART I PRELIMINARY. 1. Short title 2. Interpretation
CURATELLE ACT Act 12 of 1973 1 October 1973 ARRANGEMENT OF SECTIONS 1. Short title 2. Interpretation PART I PRELIMINARY PART II THE CURATOR 3. Office of Curator 4. Curator to administer certain estates
More information2010 No. 378 NATIONAL HEALTH SERVICE
SCOTTISH STATUTORY INSTRUMENTS 2010 No. 378 NATIONAL HEALTH SERVICE The National Health Service (General Ophthalmic Services and General Dental Services) (Scotland) Amendment Regulations 2010 Made - -
More informationBERMUDA INVESTMENT FUNDS ACT : 37
QUO FA T A F U E R N T BERMUDA INVESTMENT FUNDS ACT 2006 2006 : 37 TABLE OF CONTENTS 1 2 2A 2B 3 4 5 6 6A 6B 7 8 8A 9 9A 10 Short title and commencement PART I PRELIMINARY Interpretation Interpretation
More informationREPUBLIC OF LITHUANIA LAW ON PERSONAL BANKRUPTCY. 10 May 2012 No XI-2000 Vilnius CHAPTER ONE GENERAL PROVISIONS
REPUBLIC OF LITHUANIA LAW ON PERSONAL BANKRUPTCY 10 May 2012 No XI-2000 Vilnius CHAPTER ONE GENERAL PROVISIONS Article 1. Purpose and Scope of the Law 1. The purpose of this Law shall be to create conditions
More informationCONVENTION ON THE LAW APPLICABLE TO TRUSTS AND ON THEIR RECOGNITION
Downloaded on January 03, 2019 CONVENTION ON THE LAW APPLICABLE TO TRUSTS AND ON THEIR RECOGNITION Region United Nations (UN) Subject Private International Law Sub Subject Type Conventions Reference Number
More informationBERMUDA TRUSTS (REGULATION OF TRUST BUSINESS) ACT : 22
QUO FA T A F U E R N T BERMUDA TRUSTS (REGULATION OF TRUST BUSINESS) ACT 2001 2001 : 22 TABLE OF CONTENTS 1 2 3 4 4A 5 6 7 8 9 10 11 11A 12 13 14 15 16 17 18 19 20 21 22 PRELIMINARY Short title and commencement
More informationInsolvency Act 24 of 1936 section 158
Republic of Namibia 1 Annotated Statutes MADE IN TERMS OF Insolvency Act 24 of 1936 section 158 Government Notice 1379 of 1962 (OG 2436) came into force on date of publication: 1 November 1962 as amended
More informationStatutory Notice Provisions to Beneficiaries Under Estates
Statutory Notice Provisions to Beneficiaries Under Estates by Nafeesa Valli-Hasham Clark Wilson LLP tel. 604.643.3147 nvh@cwilson.com www.cwilson.com Statutory Notice Provisions to Beneficiaries Under
More informationInsolvency Act 1986 Page 1. Insolvency Act CHAPTER 45
Insolvency Act 1986 Page 1 Insolvency Act 1986 1986 CHAPTER 45 Thomson Reuters (Legal) Limited. UK Statutes Crown Copyright. Reproduced by permission of the Controller of Her Majesty's Stationery Office.
More information2013 No. MOBILE HOMES. The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013
Draft Order laid before the Scottish Parliament under section 2B(6) of the Mobile Homes Act 1983, for approval by resolution of the Scottish Parliament. D R A F T S C O T T I S H S T A T U T O R Y I N
More informationPART 7 CHARGES AND DEBENTURES. Chapter 1. Interpretation. Chapter 2. Registration of charges and priority
PART 7 CHARGES AND DEBENTURES Chapter 1 Interpretation 409. Definition (Part 7). Chapter 2 Registration of charges and priority 410. Registration of charges created by companies. 411. Duty of company with
More informationFINANCIAL INSTITUTIONS (INVESTMENT OF FUNDS) ACT 39 OF 1984 [ASSENTED TO 20 MARCH 1984] [DATE OF COMMENCEMENT: 11 APRIL 1984]
FINANCIAL INSTITUTIONS (INVESTMENT OF FUNDS) ACT 39 OF 1984 [ASSENTED TO 20 MARCH 1984] [DATE OF COMMENCEMENT: 11 APRIL 1984] (Signed by the President) as amended by Financial Institutions Amendment Act
More informationThe British Waterways Board (Transfer of Functions) Order 2012
STATUTORY INSTRUMENTS 2012 No. 1659 CANALS AND INLAND WATERWAYS PUBLIC BODIES TRANSPORT The British Waterways Board (Transfer of Functions) Order 2012 Made - - - - 1st July 2012 Coming into force in accordance
More information