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Bankruptcy (Scotland) Act 2016

Status:

This is the original version (as it was originally enacted).

SCHEDULE 5INFORMATION TO BE INCLUDED IN THE SEDERUNT BOOK

(introduced by section 210(3))

1A copy of the debtor application made under section 2(1)(a).

2A copy of the petition presented under section 2(1)(b).

3Where the trustee is AiB, a copy of the statement of assets and liabilities sent to AiB in accordance with section 8(3)(a).

4A copy of the award of sequestration under section 22(1) or (5).

5A copy of the warrant to cite the debtor granted under section 22(3).

6Where the trustee is not AiB—

(a)the audited accounts sent to the trustee by AiB in accordance with section 56(5)(d), and

(b)the determination fixing the amount of the outlays and remuneration payable to the interim trustee sent to the trustee by AiB in accordance with that section.

7Where the trustee is AiB—

(a)the accounts audited by AiB in accordance with section 56(5)(a), and

(b)the determination, issued in accordance with section 56(5)(b), fixing the amount of the outlays and remuneration payable to the interim trustee.

8Where AiB is appointed interim trustee and the sheriff awards sequestration in accordance with section 58(1)(a)—

(a)the accounts of AiB’s intromissions (if any) with the debtor’s estate, and

(b)the determination of AiB’s fees and outlays calculated in accordance with regulations under section 205.

9A copy of—

(a)an order—

(i)recalling or refusing to recall an award of sequestration by the sheriff under section 30, and

(ii)sent to the trustee under subsection (9)(b)(ii) of that section, or

(b)a grant of (or a refusal to grant), under section 34(1), 35(6) or 37, recall of an award of sequestration.

10A copy of an order under section 114(3)(b) or 115(3)(b) sent to the trustee under section 30(9)(b).

11Where the trustee is a replacement trustee appointed under section 60—

(a)a copy of the audited accounts, and determination, sent under section 63(5)(c)(ii),

(b)on that appointment, such information as is appropriate to provide a record of the sequestration process before that appointment (except that no entry is to be made in relation to any written comments made by the original trustee under section 42(3)(c)), and

(c)an entry recording a certificate of discharge issued to the original trustee under section 65.

12Where the trustee is not AiB, a copy of a statement of assets and liabilities sent to the trustee under section 41(1) or (2).

13A copy of a notice given under section 44(3).

14Where the trustee is not AiB, a copy of a report made under section 45(1).

15Where the trustee is a replacement trustee appointed under section 60 and AiB was the original trustee, on that appointment, such information as is appropriate to provide a record of the sequestration process before that appointment.

16A copy of an initial proposal for the debtor’s contribution provided by the trustee under section 90(1)(b).

17A copy of a debtor contribution order applying to the debtor.

18A copy of a decree issued under section 98 affecting the sequestrated estate.

19A copy of a decree of recall issued following an application under section 100(2).

20A copy of a decree under section 99 affecting the sequestrated estate.

21The inventory and valuation of the estate, made up and maintained in accordance with section 108(1)(b).

22A copy of an account given by the debtor under section 116(2).

23The debtor’s deposition at an examination subscribed under section 121(6).

24A copy of the record of an examination sent to AiB under section 121(7).

25An appropriate entry in relation to the production of any document to the trustee in accordance with section 125(2), stating the date when it was produced to the trustee.

26Where the trustee accepts or rejects a claim under section 126, the decision on the claim, specifying—

(a)the amount of the claim accepted by the trustee,

(b)the category of debt, and the value of any security, as decided by the trustee, and

(c)if the claim is rejected, the reason.

27A copy of a decision of AiB under subsection (4)(b) of section 127 and of the sheriff under subsection (5) of that section.

28An agreement or determination in respect of the accounting period under section 130(3)(b)(i) or (ii).

29Where the trustee is not AiB, the audited accounts, the scheme of division and the final determination in relation to the trustee’s outlays and remuneration as mentioned in section 136.

30A copy of the certificate of discharge given to the debtor under section 137(2), 138(2) or 143(5).

31A copy of the certificate deferring discharge where the debtor cannot be traced issued under section 141(4)(b) or (6)(b).

32Where AiB has acted as trustee, after making the final division of the debtor’s estate—

(a)AiB’s final accounts of AiB’s intromissions (if any) with the debtor’s estate,

(b)the scheme of division (if any), and

(c)a determination of AiB’s fees and outlays calculated in accordance with regulations under section 205.

33Where AiB has acted as trustee and is discharged from all liability as mentioned in section 151(10), an appropriate entry in relation to such discharge.

34A decision of the court under section 211 and of AiB under section 212.

35A copy of a decree arbitral or, as the case may be, an appropriate entry recording the compromise referred to in section 216(1)(b).

36The minutes of the meeting referred to in paragraphs 8 to 10 of schedule 6.

37A copy of the minutes of a meeting sent to AiB in accordance with paragraph 25 of that schedule.

38Where a meeting of commissioners is called in accordance with paragraph 26 of that schedule—

(a)a record of the deliberations of the commissioners at the meeting,

(b)where the trustee is not clerk in accordance with paragraph 30 of that schedule, a record of the deliberations of the commissioners transmitted by the commissioner acting as clerk (such commissioner to authenticate the insertion when made), and

(c)in relation to any matter agreed without a meeting, the minute recording that agreement signed in accordance with paragraph 32(b) of that schedule.

39A copy of any decision (including any determination, direction, award, acceptance, rejection, adjudication, requirement, declaration, order or valuation) relating to the sequestration which is—

(a)issued by AiB, and

(b)not otherwise mentioned in this schedule.

40A copy of any decree, interlocutory decree, direction or order relating to the sequestration which is—

(a)granted by the court, and

(b)not otherwise mentioned in this schedule.

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