Bankruptcy (Scotland) Act 2016

Procedure where Accountant in Bankruptcy considers paragraph 1 should cease to have effect

3 (1) If AiB considers under paragraph 2(2) that paragraph 1 should cease to have effect in relation to a debtor, AiB must notify the debtor of that fact and of the matters mentioned in sub-paragraph (2).

(2) The matters are—

(a) the circumstances mentioned in paragraph 2 which AiB considers apply in relation to the debtor, and

(b) that the debtor may make representations to AiB within 14 days beginning with the giving of notification under sub-paragraph (1).

(3) On the expiry of the 14 days mentioned in sub-paragraph (2)(b) and after having taken into account any representations made by the debtor under that sub-paragraph, AIB must decide whether paragraph 1 should cease to have effect in relation to the debtor.

(4) If AiB decides that paragraph 1 should cease to have effect in relation to the debtor, AiB must, as soon as practicable after reaching that decision, give notice in writing to the debtor—

(a) of the decision, and

(b) of the effect of the decision.