The background notes that I have reveal that the bill as introduced preserved the term “forthwith” in section 22 at the request of stakeholders such as HM Revenue and Customs, which wished to retain the existing jurisprudence and particularly that on the requirement on the sheriff to grant an award of sequestration. One can see that there is a clear purpose and rationale behind HMRC—which is frequently a petitioner in petitions for sequestration—preserving existing case law as a guide to interpretation.
A number of individuals made the point—we thought on reflection that it was valid, which is why we lodged the amendments—that preserving the word “forthwith” and not replacing it with terms such as “without delay” or “immediately” would avoid the perception of any change in the meaning of the legislation. Of course, consolidation legislation is not intended to, and should not, amend the law; it should consolidate the law. The word “forthwith” will therefore remain on the statute book, if the committee so agrees.
Amendment 14 agreed to.
Section 23, as amended, agreed to.
Sections 24 and 25 agreed to.
Section 26—Registration of warrant or determination of debtor application
Amendments 15 and 16 moved—[Fergus Ewing]—and agreed to.
Section 26, as amended, agreed to.
Section 27—Further matters in relation to award of sequestration
Amendment 17 moved—[Fergus Ewing]—and agreed to.
Section 27, as amended, agreed to.
Sections 28 and 29 agreed to.
Section 30—Recall of sequestration by sheriff
Amendment 18 moved—[Fergus Ewing]—and agreed to.
Section 30, as amended, agreed to.
Section 31 agreed to.
Section 32—Application under section 31: further procedure
Amendment 19 moved—[Fergus Ewing]—and agreed to.
Section 32, as amended, agreed to.
Sections 33 to 44 agreed to.
Section 45—Procedure where no statutory meeting called
Amendment 20 moved—[Fergus Ewing]—and agreed to.
Section 45, as amended, agreed to.
Section 46—Submission of claims for voting purposes
Amendment 21 moved—[Fergus Ewing]—and agreed to.
Section 46, as amended, agreed to.
Section 47 agreed to.
Section 48—Proceedings before trustee vote
Amendment 22 moved—[Fergus Ewing]—and agreed to.
Section 48, as amended, agreed to.
Section 49—Trustee vote
Amendments 23 and 24 moved—[Fergus Ewing]—and agreed to.
Section 49, as amended, agreed to.
Sections 50 to 54 agreed to.
Section 55—Removal, resignation etc of interim trustee
Amendment 25 moved—[Fergus Ewing]—and agreed to.
Section 55, as amended, agreed to.
Sections 56 to 62 agreed to.
Section 63—Termination of original trustee’s functions
Amendments 26 to 41 moved—[Fergus Ewing]—and agreed to.
Section 63, as amended, agreed to.
Sections 64 to 69 agreed to.
Section 70—Removal of trustee other than where trustee is unable to act or should no longer continue to act: general
Amendment 42 moved—[Fergus Ewing]—and agreed to.
Section 70, as amended, agreed to.
Sections 71 to 85 agreed to.
Section 86—Further provision as regards vesting of estate