Functions of sheriff and Accountant in Bankruptcy in sequestration

34Conversion of protected trust deed into sequestration

(1)

The title of section 59A of the 1985 Act becomes “ Application for conversion to sequestration ”.

(2)

In section 59A of the 1985 Act—

(a)

in subsection (1)—

(i)

for “petition the sheriff” substitute “ apply to the Accountant in Bankruptcy ”, and

(ii)

for “lodged in court in support of the petition” substitute “ submitted to the Accountant in Bankruptcy in support of the application ”, and

(b)

in subsection (2), for “petition” substitute “ application ”.

(3)

In section 59B(1)(c) of the 1985 Act (contents of the affidavit), for “sheriff”, in both places where it occurs, substitute “ Accountant in Bankruptcy ”.

(4)

The title of section 59C of the 1985 Act becomes “ Power of Accountant in Bankruptcy ”.

(5)

In section 59C of the 1985 Act—

(a)

for subsection (1), substitute—

“(1)

The Accountant in Bankruptcy may, after considering an application for conversion of a protected trust deed into a sequestration, make such order as the Accountant in Bankruptcy thinks fit.”, and

(b)

in subsections (2), (2A) and (3), for “sheriff”, in each place where it occurs, substitute “ Accountant in Bankruptcy ”.