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Section 185: Effect of diligence (Scotland)

Insolvency Act 1986 · 1986 c. 45View on legislation.gov.uk

Part IV: Winding Up of Companies Registered under the Companies Acts — Chapter VIII: Provisions of General Application in Winding Up

In the winding up of a company registered in Scotland, the following provisions of the Bankruptcy (Scotland) Act 2016—

subsections (3) to (10) of section 23A (effect of sequestration on land attachment) and section 24 (effect of sequestration on diligence generally); and
subsections (6), (7), (10) and (11) of section 109 (management and realisation of estate),

apply so far as consistent with this Act, in like manner as they apply in the sequestration of a debtor's estate, with the substitutions specified below and with any other necessary modifications.

The substitutions to be made in those sections of the Act of 2016 are as follows—

for references to the debtor, substitute references to the company;
for references to the sequestration, substitute references to the winding up;
for references to the date of sequestration, substitute references to the commencement of the winding up of the company; and
for references to the permanent trustee, substitute references to the liquidator.

In this section, "the commencement of the winding up of the company" means, where it is being wound up by the court, the day on which the winding-up order is made.

This section, so far as relating to any estate or effects of the company situated in Scotland, applies in the case of a company registered in England and Wales as in the case of one registered in Scotland.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.