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Bankruptcy (Scotland) Act 2016

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This is the original version (as it was originally enacted).

71Removal of trustee other than where trustee is unable to act or should no longer continue to act: review, appeal and election of new trustee

(1)T, the commissioners or any creditor may apply to AiB for a review of any decision of AiB under section 70(1)(b) or (5).

(2)Any application under subsection (1) must be made within 14 days beginning with the day on which the decision is given.

(3)If an application under subsection (1) for a review 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 decision within 28 days beginning with that day.

(4)T, the commissioners or any creditor may, within 14 days beginning with the day on which a decision of AiB under subsection (3)(b) is given, appeal to the sheriff against that decision.

(5)Subsection (6) applies where T has been removed from office—

(a)under section 70(1)(b),

(b)under section 200(4),

(c)following a review under subsection (1), or

(d)following an appeal under subsection (4).

(6)The commissioners (or if there are no commissioners AiB) must call a meeting of creditors, to be held within 28 days after the removal, for the election by the creditors of a new trustee.

(7)AiB may refer a case to the sheriff for a direction before—

(a)making an order under section 70(1)(b) or (5), or

(b)undertaking any review under this section.

(8)An application for a review under subsection (1) may not be made in relation to a matter on which AiB has applied to the sheriff for a direction under subsection (7).

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