Part 1Bankruptcy

The trustee in the sequestration

9Grounds for resignation or removal of trustee

1

In section 13 of the 1985 Act (resignation, removal etc. of interim trustee)—

a

in subsection (2)(a)—

i

for “(whether” substitute “ for any reason mentioned in subsection (2A) below or ”;

ii

for “a” substitute “ any other ”; and

iii

the words “or from any other cause whatsoever)” are repealed; and

b

after subsection (2), insert—

2A

The reasons referred to in subsection (2)(a) above are that the interim trustee—

a

is incapable within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000 (asp 4); or

b

has some other incapacity by virtue of which he is unable to act as interim trustee.

2

In section 28 of that Act (resignation and death of permanent trustee), in subsection (1), for the words from “either” to “he” substitute

the trustee—

a

is unable to act (whether by, under or by virtue of a provision of this Act or from any other cause whatsoever); or

b

has so conducted himself that he should no longer continue to act,

the Accountant in Bankruptcy