Bankruptcy (Scotland) Act 2016

59 Review or appeal by virtue of section 58

(1) The debtor, the petitioner or any creditor may apply to AiB for a review of the discharge of AiB in respect of AiB’s actings as interim trustee.

(2) Any application under subsection (1) must be made within 14 days beginning with the day on which notice is sent under section 58(4)(a)(iii) or (b).

(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 or revoke the discharge within 28 days beginning with that day.

(4) The debtor, the petitioner or any creditor may appeal to the sheriff within 14 days beginning with—

(a) the day on which notice is sent under section 58(4)(a)(iii) or (b), against the determination mentioned in section 58(4)(a)(ii), or

(b) the day of a decision by AiB under subsection (3)(b), against that decision.

(5) The sheriff clerk must, following an appeal under subsection (4), send a copy of the decree to AiB.

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