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Bankruptcy (Scotland) Act 1985

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45 Public examination.S

(1)Not less than 8 weeks before the end of the first accounting period, the permanent trustee—

(a)may; or

(b)if requested to do so by the Accountant in Bankruptcy or the commissioners (if any) or one quarter in value of the creditors, shall,

apply to the sheriff for an order for the public examination before the sheriff of the debtor or of a relevant person relating to the debtor’s assets, his dealings with them or his conduct in relation to his business or financial affairs:

Provided that, on cause shown, such application may be made by the permanent trustee at any time.

(2)Subject to section 46(2) of this Act, the sheriff, on an application under subsection (1) above, shall make an order requiring the debtor or relevant person to attend for examination before him in open court on a date (being not earlier than 8 days nor later than 16 days after the date of the order) and at a time specified in the order.

(3)On the sheriff making an order under subsection (2) above, the permanent trustee shall—

(a)publish in the Edinburgh Gazette a notice in such form and containing such particulars as may be prescribed; and

(b)send a copy of the said notice—

(i)to every creditor known to the permanent trustee; and

(ii)where the order is in respect of a relevant person, to the debtor, and

inform the creditor and, where applicable, the debtor that he may participate in the examination.

(4)A person who fails without reasonable excuse to comply with an order made under subsection (2) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 3 months or to both.

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