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Bankruptcy (Scotland) Act 2016

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57Appeal or review by virtue of section 56S

(1)The interim trustee, or any person mentioned in subsection (4)(b) of section 56 may, within 14 days after the issuing of the determination under subsection (5)(b) of that section, appeal to the sheriff against the determination.

(2)The decision of the sheriff on an appeal under subsection (1) is final.

(3)The interim trustee must send to the persons mentioned in subsection (4)(b) of section 56 notice of any application under subsection (6) of that section and must inform them—

(a)that they may make written representations relating to it to AiB within 14 days after such notification, and

(b)of the effect mentioned in subsection (7) of that section.

(4)On the expiry of the 14 days mentioned in subsection (3)(a) AiB must, after considering any representations made to AiB—

(a)grant or refuse to grant the certificate of discharge, and

(b)notify accordingly the persons mentioned in section 56(4)(b).

(5)The interim trustee or any person mentioned in section 56(4)(b) may apply to AiB for a review of a determination under subsection (4).

(6)Any application under subsection (5) must be made within 14 days after the determination is issued.

(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, amend or revoke the determination within 28 days beginning with that day.

(8)The interim trustee, or any person mentioned in subsection (4)(b) of section 56, may, within 14 days after a decision under subsection (7)(b), appeal to the sheriff against the decision.

(9)If, following an appeal under subsection (8), the sheriff determines that a certificate of discharge—

(a)which has been refused should be granted under section 56, the sheriff must order AiB to grant it,

(b)which has been granted should have been refused, the sheriff must revoke the certificate.

(10)Following any appeal under subsection (8), the sheriff clerk must send a copy of the decree of the sheriff to AiB.

(11)The decision of the sheriff on an appeal under subsection (8) is final.

Commencement Information

I1S. 57 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

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