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Bankruptcy (Scotland) Act 2016

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This is the original version (as it was originally enacted).

52Application to Accountant in Bankruptcy by trustee for a direction

(1)This section applies where AiB is not the trustee in the sequestration.

(2)The trustee may apply to AiB for a direction in relation to any particular matter arising in the sequestration.

(3)Before giving any such direction, AiB may refer the matter to the sheriff by making an application for a direction in relation to the matter.

(4)The trustee may apply to AiB for a review of a direction given by AiB under this section.

(5)An application for a review under subsection (4) may not be made—

(a)by an interim trustee,

(b)after the expiry of 14 days beginning with the day on which notice of the direction by AiB is given to the trustee, or

(c)in relation to a matter on which AiB has applied to the sheriff for a direction under subsection (3).

(6)If an application for a review under subsection (4) is made, AiB must—

(a)take into account any representations made by the trustee, the debtor, any creditor or any other person having an interest, within 21 days beginning with the day on which the application is made, and

(b)confirm, amend or revoke the direction within 28 days beginning with that day.

(7)The trustee may, within 14 days beginning with the day of a decision of AiB under subsection (6)(b), appeal to the sheriff against that decision.

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