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Bankruptcy (Scotland) Act 2016

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This is the original version (as it was originally enacted).

60Appointment of replacement trustee

(1)This section applies where a replacement trustee is elected by virtue of a trustee vote.

(2)On the election of the replacement trustee the original trustee must immediately make a report of the proceedings at the statutory meeting—

(a)where the original trustee was not AiB, to AiB, or

(b)where the original trustee was AiB, to the sheriff.

(3)The debtor, a creditor, the original trustee, the replacement trustee or AiB may object to any matter connected with the election—

(a)in the case of an objection by a person other than AiB, by applying to AiB,

(b)in the case of an objection by AiB, by application to the sheriff.

(4)Any objection under subsection (3) must—

(a)specify the grounds on which the objection is taken, and

(b)be made within 4 days beginning with the day of the statutory meeting.

(5)If there is no timeous objection under subsection (3), AiB must without delay declare the elected person to be the trustee in the sequestration.

(6)No expense in objecting under this section is to fall on the debtor’s estate.

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