- analogous remedy
means—
- any relevant right of challenge
means any right to challenge a deed voluntarily granted by the debtor if it is a right which vested in the inhibitor by virtue of the inhibition.
- appropriate bank or institution
means— (a) the Bank of England, (b) a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits, (c) an EEA firm of the kind mentioned in paragraph 5(b) of schedule 3 of that Act which has permission under paragraph 15 of that schedule (as a result of qualifying for authorisation under paragraph 12 of that schedule) to accept deposits, or (d) a person who is exempt from the general prohibition in respect of accepting deposits as a result of an exemption order made under section 38(1) of that Act, • “associate” is to be construed in accordance with section 229, • “bankruptcy restrictions order” has the meaning given by section 155(1), • “business” means the carrying on of any activity, whether for profit or not, • “centre of main interests” has the same meaning as in the EU insolvency proceedings regulation, • “commissioner”, except in the expression “examining commissioner”, is to be construed in accordance with section 76, • “common financial tool” has the meaning given by section 89(1), • “court” means Court of Session or sheriff, •... • “DAS register” has the meaning given by section 195(4)(b), • “d
- approved pension arrangement
has the same meaning as in section 11 of the 1999 Act, and • “unapproved pension arrangement” has the same meaning as in section 12 of that Act.
- bankruptcy restrictions order
has the meaning given by section 155(1), • “business” means the carrying on of any activity, whether for profit or not, • “centre of main interests” has the same meaning as in the EU insolvency proceedings regulation, • “commissioner”, except in the expression “examining commissioner”, is to be construed in accordance with section 76, • “common financial tool” has the meaning given by section 89(1), • “court” means Court of Session or sheriff, •... • “DAS register” has the meaning given by section 195(4)(b), • “date of sequestration” has the meaning given by section 22(7), • “debt advice and information package” has the meaning given by section 3(2), • “debtor” includes, without prejudice to the expression's generality, an entity whose estate may be sequestrated by virtue of section 6, a deceased debtor, a deceased debtor's executor or a person entitled to be appointed a deceased debtor's executor, • “debtor application” means an application for sequestration made to AiB under section 2(1)(a), 5(a) or 6(3)(a), (4)(b) or (7)(a), • “debtor contribution order” has the meaning given by section 90(1), • “debtor's contribution” has the meaning given by sec
- business
means the carrying on of any activity, whether for profit or not, • “centre of main interests” has the same meaning as in the EU insolvency proceedings regulation, • “commissioner”, except in the expression “examining commissioner”, is to be construed in accordance with section 76, • “common financial tool” has the meaning given by section 89(1), • “court” means Court of Session or sheriff, •... • “DAS register” has the meaning given by section 195(4)(b), • “date of sequestration” has the meaning given by section 22(7), • “debt advice and information package” has the meaning given by section 3(2), • “debtor” includes, without prejudice to the expression's generality, an entity whose estate may be sequestrated by virtue of section 6, a deceased debtor, a deceased debtor's executor or a person entitled to be appointed a deceased debtor's executor, • “debtor application” means an application for sequestration made to AiB under section 2(1)(a), 5(a) or 6(3)(a), (4)(b) or (7)(a), • “debtor contribution order” has the meaning given by section 90(1), • “debtor's contribution” has the meaning given by section 89(1), •... • “establishment” has the meaning given by Article 2(10) o
- business association
has the meaning given in section C2 of Part 2 of schedule 5 of the Scotland Act 1998.
- centre of main interests
has the same meaning as in the EU insolvency proceedings regulation, • “commissioner”, except in the expression “examining commissioner”, is to be construed in accordance with section 76, • “common financial tool” has the meaning given by section 89(1), • “court” means Court of Session or sheriff, •... • “DAS register” has the meaning given by section 195(4)(b), • “date of sequestration” has the meaning given by section 22(7), • “debt advice and information package” has the meaning given by section 3(2), • “debtor” includes, without prejudice to the expression's generality, an entity whose estate may be sequestrated by virtue of section 6, a deceased debtor, a deceased debtor's executor or a person entitled to be appointed a deceased debtor's executor, • “debtor application” means an application for sequestration made to AiB under section 2(1)(a), 5(a) or 6(3)(a), (4)(b) or (7)(a), • “debtor contribution order” has the meaning given by section 90(1), • “debtor's contribution” has the meaning given by section 89(1), •... • “establishment” has the meaning given by Article 2(10) of the EU insolvency proceedings regulation, • “the EU insolvency proceedings re
- charging order
means an order made under section 78 of the Criminal Justice Act 1988 or under section 27 of the Drug Trafficking Act 1994, • “confiscation order” means a confiscation order made under Part 2, 3 or 4 of the Proceeds of Crime Act 2002, • “liquid debt” does not include a sum payable under a confiscation order, • “relevant detention power” means section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P of the Proceeds of Crime Act 2002, and • “restraint order” means a restraint order made under Part 2, 3 or 4 of that Act of 2002.
- charitable purpose
means any charitable, benevolent or philanthropic purpose whether or not it is charitable within the meaning of any rule of law.
- child of the family
includes— (a) any child or grandchild of either— (i) the debtor, or (ii) the debtor's spouse or civil partner (or former spouse or civil partner), and (b) any person who has been brought up or accepted by either— (i) the debtor, or (ii) the debtor's spouse or civil partner (or former spouse or civil partner), as if a child of the debtor, spouse, civil partner or former spouse or civil partner, (whatever age the child, grandchild or person may be), • “relevant consent” means, in relation to the sale or disposal of any right or interest in a family home— (a) in a case where the family home is occupied by the debtor's spouse or civil partner (or former spouse or civil partner), the consent of the spouse or civil partner (or as the case may be former spouse or civil partner) whether or not the family home is also occupied by the debtor, (b) where paragraph (a) does not apply, in a case where the family home is occupied by the debtor with a child of the family, the consent of the debtor, and • “relevant date” means the day immediately preceding the date of sequestration or, as the case may be, the day immediately preceding the date the trust deed was granted.
- common financial tool
has the meaning given by section 89(1), • “court” means Court of Session or sheriff, •... • “DAS register” has the meaning given by section 195(4)(b), • “date of sequestration” has the meaning given by section 22(7), • “debt advice and information package” has the meaning given by section 3(2), • “debtor” includes, without prejudice to the expression's generality, an entity whose estate may be sequestrated by virtue of section 6, a deceased debtor, a deceased debtor's executor or a person entitled to be appointed a deceased debtor's executor, • “debtor application” means an application for sequestration made to AiB under section 2(1)(a), 5(a) or 6(3)(a), (4)(b) or (7)(a), • “debtor contribution order” has the meaning given by section 90(1), • “debtor's contribution” has the meaning given by section 89(1), •... • “establishment” has the meaning given by Article 2(10) of the EU insolvency proceedings regulation, • “the EU insolvency proceedings regulation” means Regulation (EU) 2015/848 of the European Parliament and of the Council on insolvency proceedings as it forms part of domestic law on and after exit day, • “examination” means a private examination unde
- company
includes any body corporate (whether incorporated in Great Britain or elsewhere).
- confiscation order
means a confiscation order under Part 2, 3 or 4 of the Proceeds of Crime Act 2002.
- consolidated situation
means the situation that results from an entity being treated, for the purposes of Part 9C rules, Regulation (EU) 575/2013 or CRR rules (as appropriate), as if that entity and one or more other entities formed a single entity;
- court
means Court of Session or sheriff, •... • “DAS register” has the meaning given by section 195(4)(b), • “date of sequestration” has the meaning given by section 22(7), • “debt advice and information package” has the meaning given by section 3(2), • “debtor” includes, without prejudice to the expression's generality, an entity whose estate may be sequestrated by virtue of section 6, a deceased debtor, a deceased debtor's executor or a person entitled to be appointed a deceased debtor's executor, • “debtor application” means an application for sequestration made to AiB under section 2(1)(a), 5(a) or 6(3)(a), (4)(b) or (7)(a), • “debtor contribution order” has the meaning given by section 90(1), • “debtor's contribution” has the meaning given by section 89(1), •... • “establishment” has the meaning given by Article 2(10) of the EU insolvency proceedings regulation, • “the EU insolvency proceedings regulation” means Regulation (EU) 2015/848 of the European Parliament and of the Council on insolvency proceedings as it forms part of domestic law on and after exit day, • “examination” means a private examination under section 118 or a public examination under section 119, • “examin
- credit
has the same meaning as in the Consumer Credit Act 1974.
- credit institution
has the meaning given in Article 4.1(1) of the capital requirements regulation,
- date of sequestration
has the meaning given by section 22(7), • “debt advice and information package” has the meaning given by section 3(2), • “debtor” includes, without prejudice to the expression's generality, an entity whose estate may be sequestrated by virtue of section 6, a deceased debtor, a deceased debtor's executor or a person entitled to be appointed a deceased debtor's executor, • “debtor application” means an application for sequestration made to AiB under section 2(1)(a), 5(a) or 6(3)(a), (4)(b) or (7)(a), • “debtor contribution order” has the meaning given by section 90(1), • “debtor's contribution” has the meaning given by section 89(1), •... • “establishment” has the meaning given by Article 2(10) of the EU insolvency proceedings regulation, • “the EU insolvency proceedings regulation” means Regulation (EU) 2015/848 of the European Parliament and of the Council on insolvency proceedings as it forms part of domestic law on and after exit day, • “examination” means a private examination under section 118 or a public examination under section 119, • “examining commissioner” is to be construed in accordance with section 120(3), • “interim bankruptcy restrictions orde
- debt advice and information package
has the meaning given by section 3(2), • “debtor” includes, without prejudice to the expression's generality, an entity whose estate may be sequestrated by virtue of section 6, a deceased debtor, a deceased debtor's executor or a person entitled to be appointed a deceased debtor's executor, • “debtor application” means an application for sequestration made to AiB under section 2(1)(a), 5(a) or 6(3)(a), (4)(b) or (7)(a), • “debtor contribution order” has the meaning given by section 90(1), • “debtor's contribution” has the meaning given by section 89(1), •... • “establishment” has the meaning given by Article 2(10) of the EU insolvency proceedings regulation, • “the EU insolvency proceedings regulation” means Regulation (EU) 2015/848 of the European Parliament and of the Council on insolvency proceedings as it forms part of domestic law on and after exit day, • “examination” means a private examination under section 118 or a public examination under section 119, • “examining commissioner” is to be construed in accordance with section 120(3), • “interim bankruptcy restrictions order” is to be construed in accordance with section 160, • “interim t
- debt management programme
includes in particular a programme approved in accordance with section 2 of the 2002 Act.
- debtor
includes, without prejudice to the expression's generality, an entity whose estate may be sequestrated by virtue of section 6, a deceased debtor, a deceased debtor's executor or a person entitled to be appointed a deceased debtor's executor, • “debtor application” means an application for sequestration made to AiB under section 2(1)(a), 5(a) or 6(3)(a), (4)(b) or (7)(a), • “debtor contribution order” has the meaning given by section 90(1), • “debtor's contribution” has the meaning given by section 89(1), •... • “establishment” has the meaning given by Article 2(10) of the EU insolvency proceedings regulation, • “the EU insolvency proceedings regulation” means Regulation (EU) 2015/848 of the European Parliament and of the Council on insolvency proceedings as it forms part of domestic law on and after exit day, • “examination” means a private examination under section 118 or a public examination under section 119, • “examining commissioner” is to be construed in accordance with section 120(3), • “interim bankruptcy restrictions order” is to be construed in accordance with section 160, • “interim trustee” is to be construed in accordance with sections 53 and 54, •... •... • “
- debtor application
means an application for sequestration made to AiB under section 2(1)(a), 5(a) or 6(3)(a), (4)(b) or (7)(a), • “debtor contribution order” has the meaning given by section 90(1), • “debtor's contribution” has the meaning given by section 89(1), •... • “establishment” has the meaning given by Article 2(10) of the EU insolvency proceedings regulation, • “the EU insolvency proceedings regulation” means Regulation (EU) 2015/848 of the European Parliament and of the Council on insolvency proceedings as it forms part of domestic law on and after exit day, • “examination” means a private examination under section 118 or a public examination under section 119, • “examining commissioner” is to be construed in accordance with section 120(3), • “interim bankruptcy restrictions order” is to be construed in accordance with section 160, • “interim trustee” is to be construed in accordance with sections 53 and 54, •... •... • “money adviser” has the meaning given by section 4(2), •... • “original trustee” is to be construed in accordance with section 49(1)(a), • “postponed debt” has the meaning given by section 129(4), • “preferred debt” has the meaning given by section 129(2
- debtor contribution order
has the meaning given by section 90(1), • “debtor's contribution” has the meaning given by section 89(1), •... • “establishment” has the meaning given by Article 2(10) of the EU insolvency proceedings regulation, • “the EU insolvency proceedings regulation” means Regulation (EU) 2015/848 of the European Parliament and of the Council on insolvency proceedings as it forms part of domestic law on and after exit day, • “examination” means a private examination under section 118 or a public examination under section 119, • “examining commissioner” is to be construed in accordance with section 120(3), • “interim bankruptcy restrictions order” is to be construed in accordance with section 160, • “interim trustee” is to be construed in accordance with sections 53 and 54, •... •... • “money adviser” has the meaning given by section 4(2), •... • “original trustee” is to be construed in accordance with section 49(1)(a), • “postponed debt” has the meaning given by section 129(4), • “preferred debt” has the meaning given by section 129(2), • “prescribed” means prescribed by regulations made by the Scottish Ministers, • “protected trust deed” is to be construed in acc
- decision
includes any appointment, determination, direction, award, acceptance, rejection, adjudication, requirement, declaration, order or valuation made by AiB.
- deposit
means rights of the kind described in paragraph 22 of schedule 2 of the Financial Services and Markets Act 2000 (deposits).
- derivative
has the same meaning as in Article 2(5) of Regulation (EU) No 648/2012.
- eligible deposit
means a deposit in respect of which the person, or any of the persons, to whom it is owed would be eligible for compensation under the Financial Services Compensation Scheme.
- eligible person
means—
- enactment
includes an order made or direction given under an enactment.
- establishment
has the meaning given by Article 2(10) of the EU insolvency proceedings regulation, • “the EU insolvency proceedings regulation” means Regulation (EU) 2015/848 of the European Parliament and of the Council on insolvency proceedings as it forms part of domestic law on and after exit day, • “examination” means a private examination under section 118 or a public examination under section 119, • “examining commissioner” is to be construed in accordance with section 120(3), • “interim bankruptcy restrictions order” is to be construed in accordance with section 160, • “interim trustee” is to be construed in accordance with sections 53 and 54, •... •... • “money adviser” has the meaning given by section 4(2), •... • “original trustee” is to be construed in accordance with section 49(1)(a), • “postponed debt” has the meaning given by section 129(4), • “preferred debt” has the meaning given by section 129(2), • “prescribed” means prescribed by regulations made by the Scottish Ministers, • “protected trust deed” is to be construed in accordance with section 163, • “qualified creditor” and “qualified creditors” are to be construed in accordance with section 7(1), • “qualified
- examination
means a private examination under section 118 or a public examination under section 119, • “examining commissioner” is to be construed in accordance with section 120(3), • “interim bankruptcy restrictions order” is to be construed in accordance with section 160, • “interim trustee” is to be construed in accordance with sections 53 and 54, •... •... • “money adviser” has the meaning given by section 4(2), •... • “original trustee” is to be construed in accordance with section 49(1)(a), • “postponed debt” has the meaning given by section 129(4), • “preferred debt” has the meaning given by section 129(2), • “prescribed” means prescribed by regulations made by the Scottish Ministers, • “protected trust deed” is to be construed in accordance with section 163, • “qualified creditor” and “qualified creditors” are to be construed in accordance with section 7(1), • “qualified to act as an insolvency practitioner” is to be construed in accordance with section 390 of the Insolvency Act 1986 (persons not qualified to act as insolvency practitioners), • “register of insolvencies” has the meaning given by section 200(1)(c), • “relevant person” has the meaning given by section 118(2
- family home
means any property in which, at the relevant date, the debtor had a right or interest (whether alone or in common with another person), being property which was occupied at that date as a residence— (a) by— (i) the debtor and the debtor's spouse or civil partner, (ii) the debtor's spouse or civil partner, (iii) the debtor's former spouse or former civil partner, in any of those cases, whether with or without a child of the family, or (b) by the debtor with a child of the family, • “child of the family” includes— (a) any child or grandchild of either— (i) the debtor, or (ii) the debtor's spouse or civil partner (or former spouse or civil partner), and (b) any person who has been brought up or accepted by either— (i) the debtor, or (ii) the debtor's spouse or civil partner (or former spouse or civil partner), as if a child of the debtor, spouse, civil partner or former spouse or civil partner, (whatever age the child, grandchild or person may be), • “relevant consent” means, in relation to the sale or disposal of any right or interest in a family home— (a) in a case where the family home is occupied by the debtor's spouse or civil partner (or former spouse or civil part
- gratuitous alienation
means an alienation challengeable under section 98.
- matrimonial home
has the meaning given by section 22 of that Act, and • “occupancy rights” has the meaning given by section 1(4) of that Act.
- money adviser
has the meaning given by section 4(2), •... • “original trustee” is to be construed in accordance with section 49(1)(a), • “postponed debt” has the meaning given by section 129(4), • “preferred debt” has the meaning given by section 129(2), • “prescribed” means prescribed by regulations made by the Scottish Ministers, • “protected trust deed” is to be construed in accordance with section 163, • “qualified creditor” and “qualified creditors” are to be construed in accordance with section 7(1), • “qualified to act as an insolvency practitioner” is to be construed in accordance with section 390 of the Insolvency Act 1986 (persons not qualified to act as insolvency practitioners), • “register of insolvencies” has the meaning given by section 200(1)(c), • “relevant person” has the meaning given by section 118(2), • “replacement trustee” is to be construed in accordance with section 49(1)(b), •... • “secured creditor” means a creditor who holds a security for a debt over any part of the debtor's estate, • “security” means any security, heritable or moveable, or any right of lien, retention or preference, • “sederunt book” means the sederunt book maintained under section 5
- newly identified estate
means any part of the debtor's estate which—
- non-UK branch
means a branch, as so defined, which is established outside the United Kingdom.
- obligant
includes cautioner.
- occupancy rights
means the rights conferred by section 101(1) of that Act.
- on a consolidated basis
means on the basis of the consolidated situation;
- ordinary preferred debt
means a debt within any of paragraphs 1 to 6 of that Part, and • “secondary preferred debt” means a debt within any of paragraphs 7 to 8A of that Part.
- Part 9C rules
has the meaning given in section 143F of the Financial Services and Markets Act 2000.
- payment period
means—
- pension-sharing transaction
means an order or provision falling within section 28(1) of that Act (orders and agreements which activate pension-sharing), • “shared arrangement”, in relation to a pension-sharing transaction, means the pension arrangement to which the transaction relates, • “transferee” (or “TE”), in relation to a pension-sharing transaction, means the person for whose benefit the transaction is made, and • “transferor” (or “TR”), in relation to a pension-sharing transaction, means the person to whose rights the transaction relates.
- postponed debt
has the meaning given by section 129(4), • “preferred debt” has the meaning given by section 129(2), • “prescribed” means prescribed by regulations made by the Scottish Ministers, • “protected trust deed” is to be construed in accordance with section 163, • “qualified creditor” and “qualified creditors” are to be construed in accordance with section 7(1), • “qualified to act as an insolvency practitioner” is to be construed in accordance with section 390 of the Insolvency Act 1986 (persons not qualified to act as insolvency practitioners), • “register of insolvencies” has the meaning given by section 200(1)(c), • “relevant person” has the meaning given by section 118(2), • “replacement trustee” is to be construed in accordance with section 49(1)(b), •... • “secured creditor” means a creditor who holds a security for a debt over any part of the debtor's estate, • “security” means any security, heritable or moveable, or any right of lien, retention or preference, • “sederunt book” means the sederunt book maintained under section 50(1)(e), • “sequestration proceedings” includes a debtor application (and analogous expressions are to be construed accordingly), • “statem
- preferred debt
means a debt listed in Part 1 of schedule 3 of this Act, • “ordinary preferred debt” means a debt within any of paragraphs 1 to 6 of that Part, and • “secondary preferred debt” means a debt within any of paragraphs 7 to 8A of that Part.
- prescribed
means prescribed by regulations made by the Scottish Ministers, • “protected trust deed” is to be construed in accordance with section 163, • “qualified creditor” and “qualified creditors” are to be construed in accordance with section 7(1), • “qualified to act as an insolvency practitioner” is to be construed in accordance with section 390 of the Insolvency Act 1986 (persons not qualified to act as insolvency practitioners), • “register of insolvencies” has the meaning given by section 200(1)(c), • “relevant person” has the meaning given by section 118(2), • “replacement trustee” is to be construed in accordance with section 49(1)(b), •... • “secured creditor” means a creditor who holds a security for a debt over any part of the debtor's estate, • “security” means any security, heritable or moveable, or any right of lien, retention or preference, • “sederunt book” means the sederunt book maintained under section 50(1)(e), • “sequestration proceedings” includes a debtor application (and analogous expressions are to be construed accordingly), • “statement of assets and liabilities” means a document (including a copy of a document) in such form as may be prescribed conta
- qualified creditor
means a creditor who, at the date of the presentation of the petition, or as the case may be at the date the debtor application is made, is a creditor of the debtor in respect of relevant debts which amount (or of one such debt which amounts) to not less than £5,000 or such sum as may be prescribed, and • “qualified creditors” means creditors who, at the date in question, are creditors of the debtor in respect of relevant debts which amount in aggregate to not less than £5,000 or such sum as may be prescribed.
- qualified creditors
means creditors who, at the date in question, are creditors of the debtor in respect of relevant debts which amount in aggregate to not less than £5,000 or such sum as may be prescribed.
- recovery order
means, in any proceedings to which section 104 applies—
- register of insolvencies
has the meaning given by section 200(1)(c), • “relevant person” has the meaning given by section 118(2), • “replacement trustee” is to be construed in accordance with section 49(1)(b), •... • “secured creditor” means a creditor who holds a security for a debt over any part of the debtor's estate, • “security” means any security, heritable or moveable, or any right of lien, retention or preference, • “sederunt book” means the sederunt book maintained under section 50(1)(e), • “sequestration proceedings” includes a debtor application (and analogous expressions are to be construed accordingly), • “statement of assets and liabilities” means a document (including a copy of a document) in such form as may be prescribed containing— (a) a list of the debtor's assets and liabilities, (b) a list of the debtor's income and expenditure, and (c) such other information as may be prescribed, • “statement of undertakings” means the statement of debtor undertakings sent to the debtor under section 51(14) or 54(4) or, in the case of a debtor application, given by the debtor in making the application, • “statutory meeting” has the meaning given by section 43, •... •... • “t
- regulations
means regulations made by the Secretary of State.
- relevant consent
means, in relation to the sale or disposal of any right or interest in a family home— (a) in a case where the family home is occupied by the debtor's spouse or civil partner (or former spouse or civil partner), the consent of the spouse or civil partner (or as the case may be former spouse or civil partner) whether or not the family home is also occupied by the debtor, (b) where paragraph (a) does not apply, in a case where the family home is occupied by the debtor with a child of the family, the consent of the debtor, and • “relevant date” means the day immediately preceding the date of sequestration or, as the case may be, the day immediately preceding the date the trust deed was granted.
- relevant contributions
means contributions to the arrangement or to any other pension arrangement—
- relevant date
means a date after the date of sequestration and before the date which is 4 years after the date of sequestration.
- relevant day
means, if the alienation has the effect of favouring— (as the case may be) the date of sequestration, the granting of the trust deed or the date of death.
- relevant debtor
means a debtor—
- relevant debts
means liquid or illiquid debts (other than contingent or future debts or amounts payable under a confiscation order) whether secured or unsecured.
- relevant detention power
means section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P of the Proceeds of Crime Act 2002, and • “restraint order” means a restraint order made under Part 2, 3 or 4 of that Act of 2002.
- relevant financial institution
means any of the following—
- relevant period
means the 6 months beginning with the date of discharge.
- relevant person
has the meaning given by section 118(2), • “replacement trustee” is to be construed in accordance with section 49(1)(b), •... • “secured creditor” means a creditor who holds a security for a debt over any part of the debtor's estate, • “security” means any security, heritable or moveable, or any right of lien, retention or preference, • “sederunt book” means the sederunt book maintained under section 50(1)(e), • “sequestration proceedings” includes a debtor application (and analogous expressions are to be construed accordingly), • “statement of assets and liabilities” means a document (including a copy of a document) in such form as may be prescribed containing— (a) a list of the debtor's assets and liabilities, (b) a list of the debtor's income and expenditure, and (c) such other information as may be prescribed, • “statement of undertakings” means the statement of debtor undertakings sent to the debtor under section 51(14) or 54(4) or, in the case of a debtor application, given by the debtor in making the application, • “statutory meeting” has the meaning given by section 43, •... •... • “trust deed” means— (a) a voluntary trust deed granted by or on behalf of a
- remuneration
means reasonable fees and outlays, and • “the trust deed definition” has the meaning given by section 166(1).
- restraint order
means a restraint order made under Part 2, 3 or 4 of that Act of 2002.
- secondary non-preferential debts
means non-preferential debts issued by a relevant financial institution under an instrument where—
- secondary preferred debt
means a debt within any of paragraphs 7 to 8A of that Part.
- secured creditor
means a creditor who holds a security for a debt over any part of the debtor's estate, • “security” means any security, heritable or moveable, or any right of lien, retention or preference, • “sederunt book” means the sederunt book maintained under section 50(1)(e), • “sequestration proceedings” includes a debtor application (and analogous expressions are to be construed accordingly), • “statement of assets and liabilities” means a document (including a copy of a document) in such form as may be prescribed containing— (a) a list of the debtor's assets and liabilities, (b) a list of the debtor's income and expenditure, and (c) such other information as may be prescribed, • “statement of undertakings” means the statement of debtor undertakings sent to the debtor under section 51(14) or 54(4) or, in the case of a debtor application, given by the debtor in making the application, • “statutory meeting” has the meaning given by section 43, •... •... • “trust deed” means— (a) a voluntary trust deed granted by or on behalf of a debtor whereby the debtor's estate (other than such of that estate as would not, under any provision of this or any other enactment, vest in the
- security
means any security, heritable or moveable, or any right of lien, retention or preference, • “sederunt book” means the sederunt book maintained under section 50(1)(e), • “sequestration proceedings” includes a debtor application (and analogous expressions are to be construed accordingly), • “statement of assets and liabilities” means a document (including a copy of a document) in such form as may be prescribed containing— (a) a list of the debtor's assets and liabilities, (b) a list of the debtor's income and expenditure, and (c) such other information as may be prescribed, • “statement of undertakings” means the statement of debtor undertakings sent to the debtor under section 51(14) or 54(4) or, in the case of a debtor application, given by the debtor in making the application, • “statutory meeting” has the meaning given by section 43, •... •... • “trust deed” means— (a) a voluntary trust deed granted by or on behalf of a debtor whereby the debtor's estate (other than such of that estate as would not, under any provision of this or any other enactment, vest in the trustee were that estate sequestrated) is conveyed to the trustee for the benefit of the debtor's creditors
- sederunt book
means the sederunt book maintained under section 50(1)(e), • “sequestration proceedings” includes a debtor application (and analogous expressions are to be construed accordingly), • “statement of assets and liabilities” means a document (including a copy of a document) in such form as may be prescribed containing— (a) a list of the debtor's assets and liabilities, (b) a list of the debtor's income and expenditure, and (c) such other information as may be prescribed, • “statement of undertakings” means the statement of debtor undertakings sent to the debtor under section 51(14) or 54(4) or, in the case of a debtor application, given by the debtor in making the application, • “statutory meeting” has the meaning given by section 43, •... •... • “trust deed” means— (a) a voluntary trust deed granted by or on behalf of a debtor whereby the debtor's estate (other than such of that estate as would not, under any provision of this or any other enactment, vest in the trustee were that estate sequestrated) is conveyed to the trustee for the benefit of the debtor's creditors generally, and (b) any other trust deed which would fall within paragraph (a) but for— (i) the exclusio
- sequestration proceedings
includes a debtor application (and analogous expressions are to be construed accordingly), • “statement of assets and liabilities” means a document (including a copy of a document) in such form as may be prescribed containing— (a) a list of the debtor's assets and liabilities, (b) a list of the debtor's income and expenditure, and (c) such other information as may be prescribed, • “statement of undertakings” means the statement of debtor undertakings sent to the debtor under section 51(14) or 54(4) or, in the case of a debtor application, given by the debtor in making the application, • “statutory meeting” has the meaning given by section 43, •... •... • “trust deed” means— (a) a voluntary trust deed granted by or on behalf of a debtor whereby the debtor's estate (other than such of that estate as would not, under any provision of this or any other enactment, vest in the trustee were that estate sequestrated) is conveyed to the trustee for the benefit of the debtor's creditors generally, and (b) any other trust deed which would fall within paragraph (a) but for— (i) the exclusion from the estate conveyed to the trustee of the whole or part of the debtor'
- statement of assets and liabilities
means a document (including a copy of a document) in such form as may be prescribed containing— (a) a list of the debtor's assets and liabilities, (b) a list of the debtor's income and expenditure, and (c) such other information as may be prescribed, • “statement of undertakings” means the statement of debtor undertakings sent to the debtor under section 51(14) or 54(4) or, in the case of a debtor application, given by the debtor in making the application, • “statutory meeting” has the meaning given by section 43, •... •... • “trust deed” means— (a) a voluntary trust deed granted by or on behalf of a debtor whereby the debtor's estate (other than such of that estate as would not, under any provision of this or any other enactment, vest in the trustee were that estate sequestrated) is conveyed to the trustee for the benefit of the debtor's creditors generally, and (b) any other trust deed which would fall within paragraph (a) but for— (i) the exclusion from the estate conveyed to the trustee of the whole or part of the debtor's dwellinghouse, where a secured creditor holds a security over it, and (ii) the fact that the debtor's estate is not con
- statement of undertakings
means the statement of debtor undertakings sent to the debtor under section 51(14) or 54(4) or, in the case of a debtor application, given by the debtor in making the application, • “statutory meeting” has the meaning given by section 43, •... •... • “trust deed” means— (a) a voluntary trust deed granted by or on behalf of a debtor whereby the debtor's estate (other than such of that estate as would not, under any provision of this or any other enactment, vest in the trustee were that estate sequestrated) is conveyed to the trustee for the benefit of the debtor's creditors generally, and (b) any other trust deed which would fall within paragraph (a) but for— (i) the exclusion from the estate conveyed to the trustee of the whole or part of the debtor's dwellinghouse, where a secured creditor holds a security over it, and (ii) the fact that the debtor's estate is not conveyed to the trustee for the benefit of creditors generally because the secured creditor has, at the debtor's request, agreed before the trust deed is granted not to claim under the trust deed for any of the debt in respect of which the security is held, • “trustee vote” is to be construed
- statutory meeting
has the meaning given by section 43, •... •... • “trust deed” means— (a) a voluntary trust deed granted by or on behalf of a debtor whereby the debtor's estate (other than such of that estate as would not, under any provision of this or any other enactment, vest in the trustee were that estate sequestrated) is conveyed to the trustee for the benefit of the debtor's creditors generally, and (b) any other trust deed which would fall within paragraph (a) but for— (i) the exclusion from the estate conveyed to the trustee of the whole or part of the debtor's dwellinghouse, where a secured creditor holds a security over it, and (ii) the fact that the debtor's estate is not conveyed to the trustee for the benefit of creditors generally because the secured creditor has, at the debtor's request, agreed before the trust deed is granted not to claim under the trust deed for any of the debt in respect of which the security is held, • “trustee vote” is to be construed in accordance with section 49(1) and (2), and • “unfair preference” means a preference created as is mentioned in subsection (1) of section 99 by a transaction to which subsection (5) of that section applies.
- student loan
means a loan made by virtue of—
- tertiary non-preferential debts
means all subordinated debts, including (but not limited to) debts under Common Equity Tier 1 instruments, Additional Tier 1 instruments and Tier 2 instruments (all within the meaning of Part 1 of the Banking Act 2009).
- the 2002 Act
means the Debt Arrangement and Attachment (Scotland) Act 2002, • “Accountant in Bankruptcy” (or “AiB”) is to be construed in accordance with section 199, • “accounting period” is to be construed in accordance with section 130(2), • “apparent insolvency” and “apparently insolvent” are to be construed in accordance with section 16, • “appropriate bank or institution” means— (a) the Bank of England, (b) a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits, (c) an EEA firm of the kind mentioned in paragraph 5(b) of schedule 3 of that Act which has permission under paragraph 15 of that schedule (as a result of qualifying for authorisation under paragraph 12 of that schedule) to accept deposits, or (d) a person who is exempt from the general prohibition in respect of accepting deposits as a result of an exemption order made under section 38(1) of that Act, • “associate” is to be construed in accordance with section 229, • “bankruptcy restrictions order” has the meaning given by section 155(1), • “business” means the carrying on of any activity, whether for profit or not, • “centre of main interests” has the same meaning
- the capital requirements regulation
means Regulation (EU) No. 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No. 648/2012.
- the Commissioners
means the Commissioners for Her Majesty's Revenue and Customs.
- the date of protection
has the meaning given by section 163(2), • “the date of protection” has the meaning given by section 163(2), • “the notified creditors” has the meaning given by section 170(2), • “the relevant period” means the period of 5 weeks beginning with the date of registration of the notice referred to in section 169, • “remuneration” means reasonable fees and outlays, and • “the trust deed definition” has the meaning given by section 166(1).
- the date of sequestration
means—
- the EU insolvency proceedings regulation
means Regulation (EU) 2015/848 of the European Parliament and of the Council on insolvency proceedings as it forms part of domestic law on and after exit day, • “examination” means a private examination under section 118 or a public examination under section 119, • “examining commissioner” is to be construed in accordance with section 120(3), • “interim bankruptcy restrictions order” is to be construed in accordance with section 160, • “interim trustee” is to be construed in accordance with sections 53 and 54, •... •... • “money adviser” has the meaning given by section 4(2), •... • “original trustee” is to be construed in accordance with section 49(1)(a), • “postponed debt” has the meaning given by section 129(4), • “preferred debt” has the meaning given by section 129(2), • “prescribed” means prescribed by regulations made by the Scottish Ministers, • “protected trust deed” is to be construed in accordance with section 163, • “qualified creditor” and “qualified creditors” are to be construed in accordance with section 7(1), • “qualified to act as an insolvency practitioner” is to be construed in accordance with section 390 of the Insolve
- the notified creditors
has the meaning given by section 170(2), • “the relevant period” means the period of 5 weeks beginning with the date of registration of the notice referred to in section 169, • “remuneration” means reasonable fees and outlays, and • “the trust deed definition” has the meaning given by section 166(1).
- the office holder
means, as the case may be—
- the prescribed period
means such period, ending immediately before the date the debtor application is made, as may be prescribed under section 9(4)(b).
- the recovery provisions
means this section and sections 101 and 102.
- the relevant date
means—
- the relevant period
means the period of 5 weeks beginning with the date of registration of the notice referred to in section 169, • “remuneration” means reasonable fees and outlays, and • “the trust deed definition” has the meaning given by section 166(1).
- the scheme manager
has the meaning given in section 212(1) of the Financial Services and Markets Act 2000.
- the trust deed definition
has the meaning given by section 166(1).
- trust deed
means— (a) a voluntary trust deed granted by or on behalf of a debtor whereby the debtor's estate (other than such of that estate as would not, under any provision of this or any other enactment, vest in the trustee were that estate sequestrated) is conveyed to the trustee for the benefit of the debtor's creditors generally, and (b) any other trust deed which would fall within paragraph (a) but for— (i) the exclusion from the estate conveyed to the trustee of the whole or part of the debtor's dwellinghouse, where a secured creditor holds a security over it, and (ii) the fact that the debtor's estate is not conveyed to the trustee for the benefit of creditors generally because the secured creditor has, at the debtor's request, agreed before the trust deed is granted not to claim under the trust deed for any of the debt in respect of which the security is held, • “trustee vote” is to be construed in accordance with section 49(1) and (2), and • “unfair preference” means a preference created as is mentioned in subsection (1) of section 99 by a transaction to which subsection (5) of that section applies.
- trust deed information document
means a document containing such information (including information regarding the consequences of granting a trust deed), and in such form, as the Scottish Ministers may determine.
- unapproved pension arrangement
has the same meaning as in section 12 of that Act.
- unfair preference
means a preference created as is mentioned in subsection (1) of section 99 by a transaction to which subsection (5) of that section applies.
- whole estate of the debtor
means the debtor's whole estate at the date of sequestration (wherever situated) including—