PART 2

Sequestration: award and recall

Recall of sequestration

Determination where amount of outlays and remuneration not agreed
33
1
This section applies where—
a
AiB receives an application under section 31, ...
aa
AiB is not the trustee, and
b
the statement submitted by the trustee under section 32 indicates that the amount of the outlays and remuneration of the trustee is not agreed.
2
The trustee must—
a
at the same time as submitting the statement under section 32, provide AiB with—
i
the trustee's accounts of the trustee's intromissions with the debtor's estate for audit, and
ii
details of the trustee's claim for outlays reasonably incurred and for remuneration for work reasonably undertaken by the trustee (including any outlays and remuneration which are yet to be incurred), and
b
provide AiB with such other information in relation to that claim as may reasonably be requested by AiB.
3
AiB must, within 28 days after the days mentioned in section 32(7)(b) have expired, issue a determination fixing the amount of the outlays and of the remuneration payable to the trustee.
4
AiB may, within the 28 days mentioned in subsection (3), determine the expenses reasonably incurred by a creditor who was a petitioner for, or as the case may be concurred in a debtor application for, sequestration.
5
Subsections (2) to (4) of section 133 apply to AiB for the purpose of issuing a determination in accordance with subsection (3) as they apply to the commissioners or to AiB for the purpose of fixing an amount under that section.
S. 33 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2
Word in s. 33(1) repealed (25.6.2025) by Bankruptcy and Diligence (Scotland) Act 2024 (asp 9), ss. 4(5)(a), 22(2); S.S.I. 2025/107, reg. 2(2)(a) (with reg. 4)
S. 33(1)(aa) inserted (25.6.2025) by Bankruptcy and Diligence (Scotland) Act 2024 (asp 9), ss. 4(5)(b), 22(2); S.S.I. 2025/107, reg. 2(2)(a) (with reg. 4)