PART 9

Examination of debtor

Private and public examination

Public examination
119
1
At least 8 weeks before the end of the first accounting period the trustee in the sequestration—
a
may, or
b
if requested to do so by AiB or by the commissioners (if any) or by ¼ in value of the creditors, must,
apply to the sheriff for an order for the public examination before the sheriff of the debtor, or of a relevant person, relating to the debtor's assets, the debtor's dealings with those assets or the debtor's conduct in relation to the debtor's business or financial affairs.
2
Except that on cause shown such application may be made by the trustee at any time.
3
On an application under subsection (1), the sheriff must make an order requiring the debtor or the relevant person to attend for examination before the sheriff in open court on a date and at a time specified in the order.
4
But subsection (3) is subject to section 120(3).
5
A date specified in an order under subsection (3) must be not earlier than 8 days nor later than 16 days after the date of the order.
6
On the sheriff making an order under subsection (3), the trustee must—
a
send to AiB a notice in such form, and containing such particulars, as may be prescribed,
b
send a copy of the notice—
i
to every creditor known to the trustee, and
ii
where the order is in respect of a relevant person, to the debtor, and
c
inform each person sent a copy under paragraph (b) that the person may participate in the examination.
7
AiB must enter particulars of the notice sent under subsection (6)(a) in the register of insolvencies.
8
A person who fails without reasonable excuse to comply with an order under subsection (3) commits an offence.
9
A person who commits an offence under subsection (8) is liable, on summary conviction—
a
to a fine not exceeding level 5 on the standard scale, or
b
to imprisonment for a term not exceeding 3 months,
or both to such fine and to such imprisonment.
S. 119 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2