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Bankruptcy (Scotland) Act 2016

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This is the original version (as it was originally enacted).

27Further matters in relation to award of sequestration

(1)On application the sheriff may, at any time after sequestration has been awarded, transfer the sequestration to any other sheriff.

(2)But subsection (1) is subject to subsection (3).

(3)The debtor may, with the leave of the sheriff, appeal to the Sheriff Appeal Court against such a transfer.

(4)Where the sheriff makes an order refusing to award sequestration, the petitioner may appeal against the order within 14 days after the date on which the order is made.

(5)If, following a debtor application, AiB refuses to award sequestration, the debtor or a creditor concurring in the application may apply to AiB for a review of the refusal.

(6)Any application under subsection (5) must be made within 14 days beginning with the day on which AiB refuses to award sequestration.

(7)If an application under subsection (5) is made, AiB must—

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

(b)confirm the refusal, or award sequestration, within 28 days beginning with that day.

(8)If AiB confirms the refusal to award sequestration under subsection (7)(b), the debtor or a creditor concurring in the application may, within 14 days beginning with the day of that confirmation, appeal to the sheriff.

(9)An award of sequestration is not subject to review otherwise than by recall under—

(a)section 18(4),

(b)sections 29 and 30,

(c)section 34, or

(d)section 35.

(10)Subsection (9) is without prejudice to any right to bring an action of reduction of an award of sequestration.

(11)Where a petition for sequestration is presented by a creditor, or by a trustee acting under a trust deed, the sheriff clerk is—

(a)on the final determination or the abandonment of any appeal under subsection (4) in relation to the petition, or (if there is no such appeal) within the 14 days mentioned in that subsection, to send a certified copy of the order refusing to award sequestration to the Keeper of the Register of Inhibitions for recording in that register,

(b)to send forthwith a copy of that order to—

(i)AiB, and

(ii)where the debtor is taking part in a debt payment programme under Part 1 of the 2002 Act, the DAS administrator (“DAS administrator” having the meaning given by regulation 2(1) of the Debt Arrangement Scheme (Scotland) Regulations 2011 (S.S.I. 2011/141)).

(12)Where sequestration has been awarded the process of sequestration is not to fall asleep.

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