PART 10

Claims, dividends and distribution etc.

Procedure after end of accounting period

Appeal against determination as to outlays and remuneration payable to trustee
134
1
Not later than 8 weeks after the end of an accounting period the trustee in the sequestration, the debtor or any creditor may appeal against a determination issued under section 133(1)(a)(ii)—
a
to AiB where it is a determination of the commissioners, and
b
to the sheriff where it is a determination of AiB.
2
But subsection (1) is subject to subsection (4).
3
The trustee, the debtor or any creditor may, within 14 days beginning with the date of any decision of AiB in an appeal under subsection (1)(a), appeal to the sheriff against that decision.
4
The debtor may appeal under subsection (1) or (3) if, and only if, the debtor satisfies AiB, or as the case may be the sheriff, that the debtor has, or is likely to have, a pecuniary interest in the outcome of the appeal.
5
Before the debtor or a creditor appeals under subsection (1) or (3), the debtor or, as the case may be, the creditor must give notice to the trustee of the intention to appeal.
6
The decision of the sheriff on an appeal under subsection (1)(b) or (3) is final.
S. 134 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2
S. 134(6) inserted (20.1.2025) by Bankruptcy and Diligence (Scotland) Act 2024 (asp 9), ss. 9(3)(c), 22(2); S.S.I. 2024/373, reg. 2 (with reg. 3)
S. 134(3) substituted (20.1.2025) by Bankruptcy and Diligence (Scotland) Act 2024 (asp 9), ss. 9(3)(a), 22(2); S.S.I. 2024/373, reg. 2 (with reg. 3)
Words in s. 134(4) inserted (20.1.2025) by Bankruptcy and Diligence (Scotland) Act 2024 (asp 9), ss. 9(3)(b), 22(2); S.S.I. 2024/373, reg. 2 (with reg. 3)