Bankruptcy and Diligence etc. (Scotland) Act 2007

This section has no associated Explanatory Notes

35(1)Section 39 (management and realisation of estate) is amended as follows.S

(2)In subsection (1)—

(a)for “confirmation in office” substitute “ appointment ”;

(b)for “subsection (6)” substitute “ subsections (1A), (6) and (9) ”; and

(c)in paragraph (b), for “court” substitute “ sheriff ”.

(3)After subsection (1), insert—

(1A)Subsection (1) above does not apply in any case where the Accountant in Bankruptcy is the trustee..

(4)In subsection (2)—

(a)in paragraph (a), after “on” insert “ or close down ”; and

(b)after paragraph (d), insert—

(e)borrow money in so far as it is necessary for the trustee to do so to safeguard the debtor's estate;

(f)effect or maintain insurance policies in respect of the business or property of the debtor..

(5)In subsection (4)(c), for “court” substitute “ sheriff ”.