Search Legislation

Bankruptcy (Scotland) Act 2016

Status:

This is the original version (as it was originally enacted).

49Trustee vote

(1)At the statutory meeting the creditors are, at the conclusion of the proceedings under section 48(4), to proceed to a vote at which they are—

(a)to confirm the appointment of the trustee appointed under section 51 (referred to in this section and in Part 4 as the “original trustee”), or

(b)to elect another person as the trustee in the sequestration (referred to in this section and in that Part as the “replacement trustee”).

(2)The vote is referred to in this Act as a “trustee vote”.

(3)None of the persons listed in subsection (5) is eligible for election as replacement trustee.

(4)No one who becomes a person so listed after being elected as replacement trustee is qualified to continue to act as trustee.

(5)The persons are—

(a)the debtor,

(b)a person not qualified to act as an insolvency practitioner,

(c)a person who, though qualified to act as an insolvency practitioner, is not qualified to act as such in relation to the debtor,

(d)a person who holds an interest opposed to the general interests of the creditors,

(e)a person who has not given an undertaking, in writing, to act as trustee, and

(f)AiB.

(6)None of the persons listed in subsection (7) is entitled to vote in the trustee vote.

(7)The persons are—

(a)anyone who, other than by succession, acquires after the date of sequestration a debt due by the debtor, and

(b)any creditor to the extent that the creditor’s debt is a postponed debt.

(8)Where AiB is the original trustee, if no creditor entitled to vote in the trustee vote attends the statutory meeting or no replacement trustee is elected, AiB must—

(a)forthwith report the proceedings at the statutory meeting to the sheriff, and

(b)continue to act as the trustee.

(9)Where AiB is not the original trustee, if no creditor entitled to vote in the trustee vote attends the statutory meeting or no replacement trustee is elected, the original trustee must—

(a)forthwith—

(i)notify AiB accordingly, and

(ii)report the proceedings at the statutory meeting to the sheriff, and

(b)continue to act as the trustee in the sequestration.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources