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Bankruptcy (Scotland) Act 2016

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This is the original version (as it was originally enacted).

73Removal of trustee where trustee is unable to act or should no longer continue to act: review, appeal and election of new trustee

(1)If AiB makes a declaration under section 72(1)(a), the commissioners (or if there are no commissioners AiB) must call a meeting of creditors, to be held within 28 days beginning with the day of the declaration, for the election of a new trustee by the creditors.

(2)T, the commissioners, the debtor or any creditor may apply to AiB for a review of any declaration made under section 72(1)(a) or of any order made under section 72(1)(b).

(3)Any application under subsection (2) must be made within 14 days beginning with the day of the declaration.

(4)If an application under subsection (2) 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 declaration or order within 28 days beginning with that day.

(5)T, the commissioners, the debtor or any creditor may, within 14 days beginning with the day of any decision of AiB under subsection (4)(b), appeal to the sheriff against that decision.

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

(a)making any declaration or any order under section 72(1), or

(b)undertaking any review under this section.

(7)An application for a review under subsection (2) may not be made in relation to a matter on which AiB has applied to the sheriff for a direction under subsection (6).

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