Bankruptcy (Scotland) Act 1985

Bankruptcy (Scotland) Act 1985[a]
Act of Parliament
coat of arms
Parliament of the United Kingdom
Long titleAn Act to reform the law of Scotland relating to sequestration and personal insolvency; and for connected purposes.
Citation1985 c. 66
Territorial extent Scotland[b]
Dates
Royal assent30 October 1985
Commencement
  • 30 October 1985 (section 78)
  • 1 February 1986 (in part)
  • 1 April 1986 (in part)
  • 29 December 1986 (in part)
[c]
Repealed30 November 2016[d]
Other legislation
AmendsSee § Repealed enactments
Repeals/revokesSee § Repealed enactments
Amended by
Repealed byBankruptcy (Scotland) Act 2016
Status: Repealed
Text of statute as originally enacted
Revised text of statute as amended

The Bankruptcy (Scotland) Act 1985 (1985 c. 66) was an act of the Parliament of the United Kingdom that consolidated enactments related to sequestration and personal insolvency in Scotland.[1]

Provisions

Repealed enactments

Section 75(2) of the act repealed 34 enactments, listed in schedule 8 to the act.[2]

Citation Short title Extent of repeal
1621 (c. 18) Bankruptcy Act 1621 The whole act.
1696 (c. 5) Bankruptcy Act 1696 The whole act.
31 & 32 Vict. c. 101 Titles to Land Consolidation (Scotland) Act 1868 Section 148.
44 & 45 Vict. c. 21 Married Women's Property (Scotland) Act 1881 Section 1(4).
52 & 53 Vict. c. 39 Judicial Factors (Scotland) Act 1889 In section 5, the words ", and of the Bankruptcy Acts and Cessio Acts," and the words "and accountant in bankruptcy respectively,".
In section 14, the proviso.
Sections 15 and 16.
Section 22.
57 & 58 Vict. c. 60 Merchant Shipping Act 1894 Section 36.
3 & 4 Geo. 5. c. 20 Bankruptcy (Scotland) Act 1913 The whole act.
10 & 11 Geo. 5. c. 64 Married Women's Property (Scotland) Act 1920 In section 5, the proviso.
14 & 15 Geo. 5. c. 27 Conveyancing (Scotland) Act 1924 In section 44, in subsection (4) paragraphs (a) and (b); and in subsection (6) the words "and section 44 of the Bankruptcy (Scotland) Act 1913".
20 & 21 Geo. 5. c. 25 Third Parties (Rights against Insurers) Act 1930 In section 4, paragraph (a).
10 & 11 Geo. 6. c. 47 Companies Act 1947 Sections 91 and 115.
11 & 12 Geo. 6. c. 39 Industrial Assurance and Friendly Societies Act 1948 In section 2(4), the words "where the receiving order or the award of sequestration of his estate was made after the passing of this Act".
15 & 16 Geo. 6 & 1 Eliz. 2. c. 33 Finance Act 1952 In section 30, subsections (4) and (6).
1965 c. 25 Finance Act 1965 In Schedule 10, paragraph 15(1).
1969 c. 48 Post Office Act 1969 In Schedule 4, paragraph 22.
1970 c. 10 Income and Corporation Taxes Act 1970 In Part II of Schedule 15, the entry relating to the Finance Act 1952.
1972 c. 20 Road Traffic Act 1972 In section 150(2), the words "'company' includes a limited partnership, and".
1974 c. 46 Friendly Societies Act 1974 In section 59, in subsection (1)(a) the words "or bankruptcy"; in subsection (2) the words "or trustee in bankruptcy"; and subsections (3) and (4).
1975 c. 14 Social Security Act 1975 In Schedule 18, paragraph 1(1)(b) and (2)(b).
1975 c. 18 Social Security (Consequential Provisions) Act 1975 In Schedule 2, paragraph 1.
1975 c. 45 Finance (No. 2) Act 1975 In section 71(6), the words "section 30 of the Finance Act 1952".
1975 c. 60 Social Security Pensions Act 1975 In Schedule 4, paragraph 1.
1976 c. 24 Development Land Tax Act 1976 In section 42, subsection (1), so far as it relates to bankruptcy in Scotland; and subsection (4)(a).
1976 c. 60 Insolvency Act 1976 In section 5, subsections (3) and (4).
In Schedule 1, in Part I, the entries relating to the Bankruptcy (Scotland) Act 1913; and, in Part II, paragraphs 1(a), 2(a), 4 and 5(6).
1978 c. 44 Employment Protection (Consolidation) Act 1978 Section 121(1)(b).
1979 c. 37 Banking Act 1979 In section 28(7)(c) the words "where the sequestration is declared at an end by a competent court".
1979 c. 54 Sale of Goods Act 1979 In section 61(4), the words ", and whether he has become a notour bankrupt or not".
1980 c. 55 Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 Section 12.
1981 c. 59 Matrimonial Homes (Family Protection) (Scotland) Act 1981 Section 10.
1981 c. 63 Betting and Gaming Duties Act 1981 In section 30, subsections (1) and (2).
1983 c. 53 Car Tax Act 1983 In Schedule 1, paragraph 4.
1983 c. 55 Value Added Tax Act 1983 In Schedule 7, paragraph 12.
1985 c. 6 Companies Act 1985 In section 665, the words "(whether limited or not)"; and in paragraph (d) the words "registered in England and Wales or Northern Ireland".
1985 c. 17 Reserve Forces (Safeguard of Employment) Act 1985 In section 13, the word "—(a)"; the words from "or, (b)" to "estate,"; the word "—(i)"; and the words from "or, (ii)" to "1913,".

Subsequent developments

The whole act was repealed by section 237(2) of, and part 1 of schedule 9 to, the Bankruptcy (Scotland) Act 2016, which came into force on 30 November 2016.[3]

Notes

  1. ↑ Section 78(1).
  2. ↑ Section 78(5)–(6).
  3. ↑ Section 78(2)–(4). The Bankruptcy (Scotland) Act 1985 (Commencement) Order 1985 (SI 1985/1924) as amended by Bankruptcy (Scotland) Act 1985 (Commencement) (Amendment) Order 1986 (SI 1986/78). The Bankruptcy (Scotland) Act 1985 (Commencement No.2) Order 1986 (SI 1986/1913).
  4. ↑ The Bankruptcy (Scotland) Act 2016 (Commencement) Regulations 2016 (SSI 2016/294).

References

  1. ↑ McBryde, Bill (1985). Bankruptcy (Scotland) Act, 1985. W. Green & Son. ISBN 9780414007772.
  2. ↑ "Bankruptcy (Scotland) Act 1985", legislation.gov.uk, The National Archives, 1985 c. 66
  3. ↑ legislation.gov.uk, The National Archives https://legislation.gov.uk// {{citation}}: Missing or empty |title= (help)
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