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Bankruptcy (Scotland) Act 2016

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Changes over time for: Section 31

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Version Superseded: 25/06/2025

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Point in time view as at 01/08/2017. This version of this provision has been superseded. Help about Status

Changes to legislation:

Bankruptcy (Scotland) Act 2016, Section 31 is up to date with all changes known to be in force on or before 31 July 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

31Application to Accountant in Bankruptcy for recall of sequestrationS

(1)An application for recall of an award of sequestration may be made to AiB on the ground that the debtor has paid or is able to pay the debtor's debts in full.

(2)An application may be made by—

(a)the debtor,

(b)any creditor (whether or not a person who was a petitioner for, or concurred in a debtor application for, the sequestration),

(c)the trustee (where AiB is not the trustee), or

(d)any other person having an interest (whether or not a person who was a petitioner for the sequestration).

(3)The person making an application must, at the same time as applying to AiB, give to the persons mentioned in subsection (4)—

(a)a copy of the application, and

(b)a notice informing the recipient that the person has a right to make representations to AiB in relation to the application within 21 days beginning with the day on which the notice is given.

(4)The persons are—

(a)the debtor (where the debtor is not the applicant),

(b)any person who was a petitioner for, or concurred in a debtor application for, the sequestration, and

(c)the trustee.

(5)Despite an application being made, the proceedings in the sequestration are to continue as if the application had not been made until a recall of an award of sequestration is granted under section 34(1) (subject to any conditions imposed under section 34(3)).

(6)Where the applicant withdraws the application or dies, AiB may continue the application by substituting any person mentioned in subsection (2) for the applicant.

Commencement Information

I1S. 31 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

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