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Bankruptcy (Scotland) Act 2016

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This is the original version (as it was originally enacted).

149Further provision as regards discharge of trustee

(1)The trustee, the debtor or any creditor who has made representations under subsection (4)(a) of section 148 may apply to AiB for a review of a determination under subsection (5) of that section.

(2)Any application under subsection (1) must be made within 14 days beginning with the day of the determination.

(3)If an application for a review under subsection (1) is made, AiB must—

(a)take into account any representations made, within 21 days beginning with the day on which the application is made, by an interested person, and

(b)confirm, amend or revoke the determination (whether or not issuing a new certificate of discharge) within 28 days beginning with that day.

(4)Within 14 days after a decision under subsection (3)(b)—

(a)the trustee,

(b)the debtor, or

(c)any creditor who made representations under section 148(4)(a),

may appeal against the decision to the sheriff.

(5)If, on an appeal under subsection (4), the sheriff determines that a certificate of discharge which has been refused should be granted the sheriff must order AiB to grant it.

(6)The sheriff clerk must send AiB a copy of the sheriff’s decree.

(7)The decision of the sheriff on an appeal under subsection (4) is final.

(8)Where a certificate of discharge is granted under section 148 or by virtue of this section, AiB must make an appropriate entry in—

(a)the register of insolvencies, and

(b)in the sederunt book.

(9)The provisions of this section apply (subject to any necessary modifications)—

(a)where a trustee has died, to the trustee’s executor, or

(b)where a trustee has resigned office or been removed from office, to that trustee,

as they apply to a trustee who has made a final division of the debtor’s estate in accordance with the preceding provisions of this Act.

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