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Bankruptcy (Scotland) Act 2016

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SCHEDULE 5SINFORMATION TO BE INCLUDED IN THE SEDERUNT BOOK

(introduced by section 210(3))

1SA copy of the debtor application made under section 2(1)(a).

Commencement Information

I1Sch. 5 para. 1 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

2SA copy of the petition presented under section 2(1)(b).

Commencement Information

I2Sch. 5 para. 2 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

3SWhere the trustee is AiB, a copy of the statement of assets and liabilities sent to AiB in accordance with section 8(3)(a).

Commencement Information

I3Sch. 5 para. 3 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

[F13A.SAny undertaking given by the trustee approved under Article 36 of the EU insolvency proceedings regulation.]

4SA copy of the award of sequestration under section 22(1) or (5).

Commencement Information

I4Sch. 5 para. 4 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

5SA copy of the warrant to cite the debtor granted under section 22(3).

Commencement Information

I5Sch. 5 para. 5 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

6SWhere the trustee is not AiB—

(a)the audited accounts sent to the trustee by AiB in accordance with section 56(5)(d), and

(b)the determination fixing the amount of the outlays and remuneration payable to the interim trustee sent to the trustee by AiB in accordance with that section.

Commencement Information

I6Sch. 5 para. 6 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

7SWhere the trustee is AiB—

(a)the accounts audited by AiB in accordance with section 56(5)(a), and

(b)the determination, issued in accordance with section 56(5)(b), fixing the amount of the outlays and remuneration payable to the interim trustee.

Commencement Information

I7Sch. 5 para. 7 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

8SWhere AiB is appointed interim trustee and the sheriff awards sequestration in accordance with section 58(1)(a)—

(a)the accounts of AiB's intromissions (if any) with the debtor's estate, and

(b)the determination of AiB's fees and outlays calculated in accordance with regulations under section 205.

Commencement Information

I8Sch. 5 para. 8 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

9SA copy of—

(a)an order—

(i)recalling or refusing to recall an award of sequestration by the sheriff under section 30, and

(ii)sent to the trustee under subsection (9)(b)(ii) of that section, or

(b)a grant of (or a refusal to grant), under section 34(1), 35(6) or 37, recall of an award of sequestration.

Commencement Information

I9Sch. 5 para. 9 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

10SA copy of an order under section 114(3)(b) or 115(3)(b) sent to the trustee under section 30(9)(b).

Commencement Information

I10Sch. 5 para. 10 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

11SWhere the trustee is a replacement trustee appointed under section 60—

(a)a copy of the audited accounts, and determination, sent under section 63(5)(c)(ii),

(b)on that appointment, such information as is appropriate to provide a record of the sequestration process before that appointment (except that no entry is to be made in relation to any written comments made by the original trustee under section 42(3)(c)), and

(c)an entry recording a certificate of discharge issued to the original trustee under section 65.

Commencement Information

I11Sch. 5 para. 11 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

12SWhere the trustee is not AiB, a copy of a statement of assets and liabilities sent to the trustee under section 41(1) or (2).

Commencement Information

I12Sch. 5 para. 12 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

13SA copy of a notice given under section 44(3).

Commencement Information

I13Sch. 5 para. 13 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

14SWhere the trustee is not AiB, a copy of a report made under section 45(1).

Commencement Information

I14Sch. 5 para. 14 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

15SWhere the trustee is a replacement trustee appointed under section 60 and AiB was the original trustee, on that appointment, such information as is appropriate to provide a record of the sequestration process before that appointment.

Commencement Information

I15Sch. 5 para. 15 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

16SA copy of an initial proposal for the debtor's contribution provided by the trustee under section 90(1)(b).

Commencement Information

I16Sch. 5 para. 16 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

17SA copy of a debtor contribution order applying to the debtor.

Commencement Information

I17Sch. 5 para. 17 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

18SA copy of a decree issued under section 98 affecting the sequestrated estate.

Commencement Information

I18Sch. 5 para. 18 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

19SA copy of a decree of recall issued following an application under section 100(2).

Commencement Information

I19Sch. 5 para. 19 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

20SA copy of a decree under section 99 affecting the sequestrated estate.

Commencement Information

I20Sch. 5 para. 20 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

21SThe inventory and valuation of the estate, made up and maintained in accordance with section 108(1)(b).

Commencement Information

I21Sch. 5 para. 21 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

22SA copy of an account given by the debtor under section 116(2).

Commencement Information

I22Sch. 5 para. 22 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

23SThe debtor's deposition at an examination subscribed under section 121(6).

Commencement Information

I23Sch. 5 para. 23 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

24SA copy of the record of an examination sent to AiB under section 121(7).

Commencement Information

I24Sch. 5 para. 24 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

25SAn appropriate entry in relation to the production of any document to the trustee in accordance with section 125(2), stating the date when it was produced to the trustee.

Commencement Information

I25Sch. 5 para. 25 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

26SWhere the trustee accepts or rejects a claim under section 126, the decision on the claim, specifying—

(a)the amount of the claim accepted by the trustee,

(b)the category of debt, and the value of any security, as decided by the trustee, and

(c)if the claim is rejected, the reason.

Commencement Information

I26Sch. 5 para. 26 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

27SA copy of a decision of AiB under subsection (4)(b) of section 127 and of the sheriff under subsection (5) of that section.

Commencement Information

I27Sch. 5 para. 27 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

28SAn agreement or determination in respect of the accounting period under section 130(3)(b)(i) or (ii).

Commencement Information

I28Sch. 5 para. 28 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

29SWhere the trustee is not AiB, the audited accounts, the scheme of division and the final determination in relation to the trustee's outlays and remuneration as mentioned in section 136.

Commencement Information

I29Sch. 5 para. 29 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

30SA copy of the certificate of discharge given to the debtor under section 137(2), 138(2) or 143(5).

Commencement Information

I30Sch. 5 para. 30 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

31SA copy of the certificate deferring discharge where the debtor cannot be traced issued under section 141(4)(b) or (6)(b).

Commencement Information

I31Sch. 5 para. 31 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

32SWhere AiB has acted as trustee, after making the final division of the debtor's estate—

(a)AiB's final accounts of AiB's intromissions (if any) with the debtor's estate,

(b)the scheme of division (if any), and

(c)a determination of AiB's fees and outlays calculated in accordance with regulations under section 205.

Commencement Information

I32Sch. 5 para. 32 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

33SWhere AiB has acted as trustee and is discharged from all liability as mentioned in section 151(10), an appropriate entry in relation to such discharge.

Commencement Information

I33Sch. 5 para. 33 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

34SA decision of the court under section 211 and of AiB under section 212.

Commencement Information

I34Sch. 5 para. 34 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

35SA copy of a decree arbitral or, as the case may be, an appropriate entry recording the compromise referred to in section 216(1)(b).

Commencement Information

I35Sch. 5 para. 35 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

36SThe minutes of the meeting referred to in paragraphs 8 to 10 of schedule 6.

Commencement Information

I36Sch. 5 para. 36 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

37SA copy of the minutes of a meeting sent to AiB in accordance with paragraph 25 of that schedule.

Commencement Information

I37Sch. 5 para. 37 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

38SWhere a meeting of commissioners is called in accordance with paragraph 26 of that schedule—

(a)a record of the deliberations of the commissioners at the meeting,

(b)where the trustee is not clerk in accordance with paragraph 30 of that schedule, a record of the deliberations of the commissioners transmitted by the commissioner acting as clerk (such commissioner to authenticate the insertion when made), and

(c)in relation to any matter agreed without a meeting, the minute recording that agreement signed in accordance with paragraph 32(b) of that schedule.

Commencement Information

I38Sch. 5 para. 38 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

39SA copy of any decision (including any determination, direction, award, acceptance, rejection, adjudication, requirement, declaration, order or valuation) relating to the sequestration which is—

(a)issued by AiB, and

(b)not otherwise mentioned in this schedule.

Commencement Information

I39Sch. 5 para. 39 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

40SA copy of any decree, interlocutory decree, direction or order relating to the sequestration which is—

(a)granted by the court, and

(b)not otherwise mentioned in this schedule.

Commencement Information

I40Sch. 5 para. 40 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

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