Commentary on Sections
Functions of sheriff and Accountant in Bankruptcy in sequestration
Section 36 – Regulations: applications to Accountant in Bankruptcy etc.
86.This section inserts a new section 71C (‘Regulations: applications to Accountant in Bankruptcy etc.’) after section 71B in the 1985 Act in order to provide, for the Scottish Ministers, a power to make, by regulations, provision in relation to the procedure to be followed in relation to an application to or decision by AiB (insofar as this is not provided for in the 1985 Act). Regulations made under this section will make provision for such matters as the format and content of documents required for an application, including for instance the form of the debtor application and the statement of undertakings to be provided by the debtor or the discharge report to be provided by the trustee (certain specific powers in the 1985 Act have also been repealed)(14). This partly also replaces, for applications to AiB, the powers of the Court of Session to make rules of court for the disposal of cases before the sheriff.
Regulations under this power have been made in the Bankruptcy (Applications and Decisions) (Scotland) Regulations 2014 (S.S.I. 2014/226), and in S.S.I. 2014/290, S.S.I. 2014/296 and S.S.I. 2014/225 amended by the Common Financial Tool etc. (Scotland) Amendment Regulations 2015 and S.S.I. 2015/80.
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