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The Bankruptcy (Applications and Decisions) (Scotland) Regulations 2016

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Review applications

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21.—(1) An application for a review by AiB under the following provisions of the Act must be made in writing in Form 3—

(a)section 27(5) (refusal of sequestration on debtor application);

(b)section 37(1) (recall: only ground that debtor has paid or is able to pay debts in full);

(c)section 39(5) (interim preservation);

(d)section 52(4) (power of direction of trustee);

(e)section 57(5) (interim trustee termination);

(f)section 59(1) (Accountant in Bankruptcy interim trustee termination);

(g)section 61(5) (appointment of replacement trustee);

(h)section 64(5) (Accountant in Bankruptcy to account for intromissions);

(i)section 65(4) (discharge of original trustee);

(j)section 68(1) (trustee replacement in more than one sequestration);

(k)section 71(1) (removal of trustee);

(l)section 73(2) (removal - declaring vacancy);

(m)section 92(1) (debtor contribution order);

(n)section 97(1) (variation and payment break);

(o)section 110(5) (contractual powers of trustee);

(p)section 127(1) (adjudication of claims);

(q)section 139(1) (discharge);

(r)section 144(1) (discharge – subsequent contact);

(s)section 149(1) (discharge of trustee);

(t)section 151(4) (Accountant in Bankruptcy discharge as trustee);

(u)section 161(5) (refusal to revoke bankruptcy restrictions order);

(v)section 213(1) (curing defects); and

(w)paragraph 3(6) of schedule 2 (valuing contingent debts).

(2) A review application must specify—

(a)the decision to be reviewed and its date;

(b)the change sought to the decision; and

(c)the reasons for seeking that change.

(3) When a review application is made to AiB, AiB must—

(a)without delay send a copy to any person specified in the provision of the Act which provides for the review as a person to be notified, able to make representations or appeal against the review decision; and

(b)advise those persons that they have the period of 21 days beginning with the date specified in the Act to make representations to AiB.

(4) Those representations must be made in writing by any means by which an application may be made (see regulation 4(1)).

(5) On making a review decision under the relevant provision of the Act, AiB must notify the persons mentioned in paragraph (3)(a) of AiB’s decision.

(6) Paragraphs (3) to (5) do not apply to the extent that equivalent provision is made in the Act.

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