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Bankruptcy and Debt Advice (Scotland) Act 2014

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This is the original version (as it was originally enacted).

25Application by trustee for direction on matters in sequestration

This section has no associated Explanatory Notes

(1)In section 3(6) of the 1985 Act (trustee application to the sheriff for directions in relation to any particular matter), for “A trustee” substitute “Where the Accountant in Bankruptcy is the trustee, the Accountant in Bankruptcy”.

(2)After section 3 of the 1985 Act, insert—

3AApplication to Accountant in Bankruptcy for a direction

(1)This section applies where the Accountant in Bankruptcy is not the trustee.

(2)The trustee may apply to the Accountant in Bankruptcy for a direction in relation to any particular matter arising in the sequestration.

(3)The Accountant in Bankruptcy may, before giving a direction on any particular matter under this section, refer the matter to the sheriff by making an application for a direction in relation to that matter.

(4)The trustee may apply to the Accountant in Bankruptcy for a review of a direction given by the Accountant in Bankruptcy under this section.

(5)An application for a review under subsection (4) may not be made—

(a)by an interim trustee,

(b)after the expiry of the period of 14 days beginning with the day on which notice of the direction by the Accountant in Bankruptcy is given to the trustee, or

(c)in relation to a matter on which the Accountant in Bankruptcy has applied to the sheriff for a direction under subsection (3).

(6)If an application for a review under subsection (4) is made, the Accountant in Bankruptcy must—

(a)take into account any representations made by the trustee, the debtor, any creditor and any other person having an interest before the expiry of the period of 21 days beginning with the day on which the application is made, and

(b)confirm, amend or revoke the direction before the expiry of the period of 28 days beginning with the day on which the application is made.

(7)The trustee may appeal to the sheriff against a decision by the Accountant in Bankruptcy under subsection (6)(b) before the expiry of the period of 14 days beginning with the day of the decision..

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