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