§ Lord James Douglas-HamiltonI beg to move amendment No. 15, in page 8, leave out lines 14 and 15 and insert—
§ '(4) In this Act 'the date of sequestration' means—
- (a) where the petition for sequestration is presented by the debtor, the date on which sequestration is awarded;
- (b) where the petition for sequestration is presented by a creditor or a trustee acting under a trust deed—
- (i) the date on which the court grants warrant under subsection (2) above to cite the debtor; or
- (ii) where more than one such warrant is granted, the date on which the first such warrant is granted.'.
The definition in the Bill was introduced originally at the suggestion of practitioners to bring the practice in sequestrations into line with that in insolvencies. It also clarified a problem where a court grants two warrants to cite a debtor on different days. At present there is confusion as to which warrant should trigger the date of sequestration.
826 As a consequence of our discussions with the Law Society, the definition will revert back to that contained in the 1988 Act, subject to a slight amendment to take account of the fact that more than one warrant to cite the debtor may be granted by the court.
I commend this sensible technical amendment to the House.
Amendment agreed to.