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Bankruptcy (Scotland) Act 2016

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SCHEDULE 6SMEETINGS OF CREDITORS AND COMMISSIONERS

(introduced by section 217)

PART 1SMeetings of creditors other than the statutory meeting

Calling of meetingS

1SThe trustee in the sequestration must call a meeting of creditors if required to do so—

(a)by order of the sheriff,

(b)by 1/10 in number or ⅓ in value of the creditors,

(c)by a commissioner, or

(d)by AiB.

Commencement Information

I1Sch. 6 para. 1 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

2SAny such meeting must be held not later than 28 days after—

(a)the issuing of the order under paragraph 1(a), or

(b)the receipt by the trustee of the requirement under paragraph 1(b), (c) or (d).

Commencement Information

I2Sch. 6 para. 2 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

3SThe trustee, or a commissioner who has given notice to the trustee, may at any time call a meeting of creditors.

Commencement Information

I3Sch. 6 para. 3 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

4SThe trustee, calling a meeting under paragraph 1 or 3, or a commissioner, calling a meeting under paragraph 3, is no fewer than 7 days before the date fixed for the meeting to notify—

(a)every creditor known to the trustee or, as the case may be, to the commissioner, and

(b)AiB,

of the date, time and place fixed for the holding of the meeting and of the meeting's purpose.

Commencement Information

I4Sch. 6 para. 4 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

5SWhere—

(a)a requirement has been made under paragraph 1, but

(b)no meeting has been called by the trustee,

AiB may, of AiB's own accord or on the application of any creditor, call a meeting of creditors.

Commencement Information

I5Sch. 6 para. 5 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

6SAiB, calling a meeting under paragraph 5, is no fewer than 7 days before the date fixed for the meeting to take reasonable steps to notify the creditors of the date, time and place fixed for the holding of the meeting and of the meeting's purpose.

Commencement Information

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

7SIt is not necessary to notify under paragraph 4 or 6 any creditor whose accepted claim is less than £50 or such sum as may be prescribed, unless the creditor has in writing requested such notification.

Commencement Information

I7Sch. 6 para. 7 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

Role of trustee at meetingS

8SAt the commencement of a meeting the trustee is to be the person chairing the meeting and as such is, after carrying out the trustee's duties under section 126(1)—

(a)to invite the creditors to elect one of their number to chair the meeting in the trustee's place, and

(b)to preside over the election.

Commencement Information

I8Sch. 6 para. 8 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

9SIf no person is elected in pursuance of paragraph 8, the trustee must chair the meeting throughout.

Commencement Information

I9Sch. 6 para. 9 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

10SThe trustee is to arrange for a record to be made of the proceedings at the meeting.

Commencement Information

I10Sch. 6 para. 10 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

AppealsS

11SThe trustee, a creditor or any other person having an interest may, within 14 days after the date of a meeting called under paragraph 4 or 6, appeal to the sheriff against a resolution of the creditors at the meeting.

Commencement Information

I11Sch. 6 para. 11 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

PART 2SAll meetings of creditors

Validity of proceedingsS

12SNo proceedings at a meeting are invalidated by reason only that a notice or other document relating to the calling of the meeting, being a notice required to be sent or given under a provision of this Act, has not been received by, or come to the attention of, any creditor before the meeting.

Commencement Information

I12Sch. 6 para. 12 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

Locus of meetingS

13S[F1Every meeting must be held in such place (whether or not in the sheriffdom) as is, in the opinion of the person calling the meeting, the most convenient for the majority of the creditors.]

[F1Every meeting must be held either—

(a)in such place (whether or not in the sheriffdom) as is, in the opinion of the person calling the meeting, the most convenient for the majority of the creditors, or

(b)by such electronic means as would, in the opinion of the person calling the meeting, be most convenient to allow the majority of the creditors to participate in the meeting without being together in the same place.

Textual Amendments

F1Sch. 6 paras. 13, 13A substituted for sch. 6 para. 13 (temp.) (27.5.2020) by virtue of Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. 1 para. 12(2)(a) (with s. 9)

Commencement Information

I13Sch. 6 para. 13 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

13ASWhere a meeting is to be held in pursuance of paragraph 13(b), the references in paragraphs 4 and 6 to the place fixed for the holding of the meeting are to be read as references to the electronic means by which attendees are to be able to attend the meeting without being together in the same place.]

Textual Amendments

F1Sch. 6 paras. 13, 13A substituted for sch. 6 para. 13 (temp.) (27.5.2020) by virtue of Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. 1 para. 12(2)(a) (with s. 9)

MandatoriesS

14SA creditor may authorise in writing a person to represent the creditor at a meeting.

Commencement Information

I14Sch. 6 para. 14 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

15SA creditor must lodge with the trustee, before the commencement of the meeting, any authorisation given under paragraph 14.

Commencement Information

I15Sch. 6 para. 15 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

16SAny reference in paragraph 8, or in the following provisions of this Part, to a creditor includes a reference to a person authorised under paragraph 14 by a creditor.

Commencement Information

I16Sch. 6 para. 16 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

QuorumS

17SThe quorum at any meeting is one creditor.

Commencement Information

I17Sch. 6 para. 17 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

Voting at meetingS

18SAny question at a meeting is to be determined by a majority in value of the creditors who vote on that question.

Commencement Information

I18Sch. 6 para. 18 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

Objections by creditorsS

19SAt any meeting the person chairing it may allow or disallow any objection by a creditor, other than (if the person chairing the meeting is not the trustee) an objection relating to a creditor's claim.

Commencement Information

I19Sch. 6 para. 19 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

20SA person aggrieved by the determination of the person chairing the meeting in respect of an objection may appeal to the sheriff against the determination.

Commencement Information

I20Sch. 6 para. 20 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

21SIf the person chairing the meeting is in doubt as to whether to allow or disallow an objection, the meeting must proceed as if no objection had been made, except that for the purposes of appeal the objection is to be deemed to have been disallowed.

Commencement Information

I21Sch. 6 para. 21 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

Adjournment of meetingS

22SIf no creditor has appeared at a meeting by half an hour after the time appointed for its commencement, the person chairing the meeting may adjourn it to such other day as that person may appoint, being a day no fewer than 7, nor more than 21, days after that on which the meeting is adjourned.

Commencement Information

I22Sch. 6 para. 22 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

23SThe person chairing the meeting may, with the consent of a majority in value of the creditors who vote on a resolution to adjourn a meeting, adjourn the meeting.

Commencement Information

I23Sch. 6 para. 23 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

24SAny adjourned meeting must be held at the same time [F2and place] [F2, and at the same place or by the same electronic means,] as the original meeting, unless [F3in the resolution another time or place is specified] [F3the resolution otherwise specifies].

Textual Amendments

F2Words in sch. 6 para. 24 substituted (temp.) (27.5.2020) by virtue of Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. 1 para. 12(2)(b)(i) (with s. 9)

F3Words in sch. 6 para. 24 substituted (temp.) (27.5.2020) by virtue of Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. 1 para. 12(2)(b)(ii) (with s. 9)

Commencement Information

I24Sch. 6 para. 24 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

Minutes of meetingS

25SThe minutes of every meeting must be signed by the person who chaired the meeting and within 14 days after the meeting must be sent to AiB.

Commencement Information

I25Sch. 6 para. 25 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

PART 3SMeetings of commissioners

26SThe trustee—

(a)may call a meeting of commissioners at any time, and

(b)must call such a meeting—

(i)on being required to do so by order of the sheriff, or

(ii)on being requested to do so by AiB or by any commissioner.

Commencement Information

I26Sch. 6 para. 26 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

27SIf the trustee fails to call a meeting of commissioners within 14 days after being required or requested to do so under paragraph 26, a commissioner may call a meeting of commissioners.

Commencement Information

I27Sch. 6 para. 27 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

28SThe trustee must give the commissioners at least 7 days' notice of a meeting called by the trustee unless the commissioners decide that they do not require such notice.

Commencement Information

I28Sch. 6 para. 28 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

29SThe trustee is to act as clerk at a meeting of commissioners.

Commencement Information

I29Sch. 6 para. 29 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

30SIf the commissioners are considering the performance of the functions of the trustee under any provision of this Act, the trustee must withdraw from the meeting if requested to do so by the commissioners and in such a case a commissioner must—

(a)act as clerk, and

(b)transmit a record of the deliberations of the commissioners to the trustee.

Commencement Information

I30Sch. 6 para. 30 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

31SThe quorum at a meeting of commissioners is one commissioner and the commissioners may act by a majority of the commissioners present at the meeting.

Commencement Information

I31Sch. 6 para. 31 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

32SAny matter may be agreed by the commissioners without a meeting if such agreement—

(a)is unanimous, and

(b)is subsequently recorded in a minute signed by the commissioners.

Commencement Information

I32Sch. 6 para. 32 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

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