Bankruptcy (Scotland) Act 1993

Election of permanent trustee

12 (1) Section 24 (election of permanent trustee) shall be amended as follows.

(2) For subsection (1) there shall be substituted the following subsection—

“(1) At the statutory meeting, the creditors shall, at the conclusion of the proceedings under section 23(3) of this Act, proceed to the election of the permanent trustee.”

(3) In subsection (2) at the end there shall be inserted the following paragraphs—

“(e) a person who has not given an undertaking, in writing, to act as permanent trustee;

(f) the Accountant in Bankruptcy.”

(4) After subsection (3) there shall be inserted the following subsections—

“(3A) In any case where the Accountant in Bankruptcy is the interim trustee, if—

(a) no creditor entitled to vote in the election of the permanent trustee attends the statutory meeting; or

(b) no permanent trustee is elected,

the Accountant in Bankruptcy shall forthwith report the proceedings at the statutory meeting to the sheriff and section 25A of this Act shall apply.

(3B) Where a report is made in pursuance of subsection (3A) above, the Accountant in Bankruptcy may apply to the sheriff for the grant of a certificate for the summary administration of the sequestration of the debtor’s estate.”

(5) In subsection (4) at the beginning there shall be inserted the following words— “In any case where the Accountant in Bankruptcy is not the interim trustee,

(6) After subsection (4) there shall be inserted the following subsection—

“(4A) Where a report is made in pursuance of subsection (4) above, the interim trustee may apply to the sheriff for the grant of a certificate for the summary administration of the sequestration of the debtor’s estate.”