HC Deb 26 October 1992 vol 212 cc827-8
Mr. Stewart

I beg to move amendment No. 19, in page 9, line 36 leave out from 'shall' to 'grant' in line 37 and insert 'subject to subsection (8) below,'.

Mr. Deputy Speaker

With this it will be convenient to consider also Government amendments Nos. 20 to 26.

Mr. Stewart

This group of amendments deals with provisions in clause 6, the clause relating to summary administration of sequestrations. I draw attention to amendment No. 21. Hon. Members who served on the Committee may recall that the hon. Member for Garscadden asked why basic household goods should be included when calculating whether the debtor's assets exceeded the £2,000 limit for qualifying for summary administration. In my reply, I explained that the Government were considering tabling an amendment on Report to deal with the matter. Amendment No. 21 is that amendment.

The amendment would exclude from the calculation of a debtor's assets for the purposes of clause 6 those assets which would not vest in the permanent trustee by virtue of section 33(1) of the 1985 Act. These are goods exempted from poinding under section 16 of the Debtors (Scotland) Act 1987, or which are held in trust by the debtor for a third party. Such an amendment has been requested by the Scottish Consumer Council and Citizens Advice Scotland, as well as by the hon. Member for Garscadden. I commend it with confidence to the House.

The other amendments in the group are technical and procedural; I commend them to the House.

Amendment agreed to.

Amendments made: No. 20, in page 10, line 3 after 'of' insert '(i)'.

No. 21, in page 10, line 4 at end insert—'or

(ii) any property of his which, under section 33(1) of this Act, does not vest in the permanent trustee.'

No. 22, in page 10, line 4 at end insert—

'( ) For the purposes of an application under subsection (1) above made by—

  1. (a) the Accountant in Bankruptcy; or
  2. (b) an interim trustee who is not the Accountant in Bankruptcy.
a certificate by the Accountant in Bankruptcy or, as the case may be, the interim trustee as to the aggregate amounts of the debtor's liabilities and assets shall be sufficient evidence of such aggregate amounts.'.

No. 23, in page 10, line 7 after '(a)' insert 'in any case where the application for the certificate was made by the Accountant in Bankruptcy,'. No. 24, in page 10, line 8 after '(b)' insert 'in every case,'.

No. 25, in page 10, leave out lines 32 to 39 and insert—

'(8) The court shall not grant an application as mentioned in subsection (1) above—

  1. (a) in any case where the application is made by the Accountant in Bankruptcy before the sequestration of the debtor's estate has been awarded and the court has previously appointed, or at the same time as it awards sequestration appoints, as interim trustee a person who is not the Accountant in Bankruptcy; or
  2. (b) in any other case—
    1. (i) where a person has been elected as permanent trustee, before the sheriff has confirmed the election of that person as permanent trustee; or
    2. (ii) where no such person has been elected, unless the court at the same time appoints the interim trustee as permanent trustee.'
No. 26, in page 11, line 25 after 'S.' insert— 'Except in the case of an application for the grant of a certificate for the summary administration of the sequestration of the debtor's estate under section 25(2A) of this Act,'.—[Mr. Stewart.]

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