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Bankruptcy (Scotland) Act 2016

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This is the original version (as it was originally enacted).

119Public examination

(1)At least 8 weeks before the end of the first accounting period the trustee in the sequestration—

(a)may, or

(b)if requested to do so by AiB or by the commissioners (if any) or by ¼ in value of the creditors, must,

apply to the sheriff for an order for the public examination before the sheriff of the debtor, or of a relevant person, relating to the debtor’s assets, the debtor’s dealings with those assets or the debtor’s conduct in relation to the debtor’s business or financial affairs.

(2)Except that on cause shown such application may be made by the trustee at any time.

(3)On an application under subsection (1), the sheriff must make an order requiring the debtor or the relevant person to attend for examination before the sheriff in open court on a date and at a time specified in the order.

(4)But subsection (3) is subject to section 120(3).

(5)A date specified in an order under subsection (3) must be not earlier than 8 days nor later than 16 days after the date of the order.

(6)On the sheriff making an order under subsection (3), the trustee must—

(a)send to AiB a notice in such form, and containing such particulars, as may be prescribed,

(b)send a copy of the notice—

(i)to every creditor known to the trustee, and

(ii)where the order is in respect of a relevant person, to the debtor, and

(c)inform each person sent a copy under paragraph (b) that the person may participate in the examination.

(7)AiB must enter particulars of the notice sent under subsection (6)(a) in the register of insolvencies.

(8)A person who fails without reasonable excuse to comply with an order under subsection (3) commits an offence.

(9)A person who commits an offence under subsection (8) is liable, on summary conviction—

(a)to a fine not exceeding level 5 on the standard scale, or

(b)to imprisonment for a term not exceeding 3 months,

or both to such fine and to such imprisonment.

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