PART 9

Examination of debtor

Private and public examination

Provisions ancillary to sections 118 and 119
120
1
If a debtor or relevant person is residing in Scotland, the sheriff may on the application of the trustee grant a warrant (which may be executed by a messenger-at-arms or sheriff officer anywhere in Scotland) to apprehend the debtor or relevant person and to have the apprehended person taken to the place of the examination.
2
But a warrant under subsection (1) must not be granted unless the sheriff is satisfied that it is necessary to grant it to secure the attendance of the debtor or relevant person at the examination.
3
If the debtor or relevant person is for any good reason prevented from attending for examination, the sheriff may grant a commission to take the examination of the debtor or relevant person (the commissioner being, in this section and in section 121, referred to as an “examining commissioner”).
4
Subsection (3) is without prejudice to subsection (5).
5
The sheriff or the examining commissioner may at any time adjourn the examination to such day as the sheriff or examining commissioner may fix.
6
The sheriff or examining commissioner may order the debtor or a relevant person to produce for inspection any document—
a
in the custody or control of the person so ordered, and
b
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,
and to deliver the document or a copy of the document to the trustee in the sequestration for further examination by the trustee.