Bankruptcy and Diligence etc. (Scotland) Act 2007

11 Statutory meeting and election of trustee S

(1) Section 21 of the 1985 Act (requirement to call statutory meeting) is repealed.

(2) In section 21A of that Act (calling of statutory meeting where interim trustee is Accountant in Bankruptcy)—

(a) in subsection (1), the words from “where” to “Bankruptcy”, are repealed; and

(b) the heading to that section becomes “ Calling of statutory meeting ”.

(3) The heading to section 23 of that Act becomes “ Proceedings at statutory meeting before trustee vote ”.

(4) In section 24 of that Act (election of permanent trustee)—

(a) in subsection (1), for the words “the election of the permanent trustee” substitute “a vote at which they shall—

(a) confirm the appointment of the trustee appointed under section 2 of this Act (referred to in this section and in sections 25 to 27 of this Act as the “original trustee”); or

(b) elect another person as the trustee in the sequestration (referred to in this section and in sections 13 and 25 to 29 of this Act as the “replacement trustee”),

such a vote being referred to in this Act as a “trustee vote”. ”; and

(b) the heading to that section becomes “ Trustee vote ”.

(5) In section 25 of that Act (confirmation of permanent trustee)—

(a) before subsection (1) insert—

“(A1) This section applies where a replacement trustee is elected by virtue of a trustee vote.”; and

(b) the heading to that section becomes “ Appointment of replacement trustee ”.

(6) Schedule 2 to that Act (adaptation of procedure etc. where permanent trustee not elected) is repealed.