PART 4

Trustees and commissioners

Replacement trustees

Procedure in application to Accountant in Bankruptcy under section 60
61
1
This section applies where an application is made to AiB under section 60(3)(a).
2
AiB must—
a
without delay give the original trustee, the replacement trustee, the objector and any other interested person an opportunity to make written submissions on the application, and
b
make a decision.
3
If AiB decides—
a
to reject the objection in the application, AiB must without delay declare the elected person to be the trustee in the sequestration,
b
to sustain the objection in the application, AiB must order the original trustee to arrange a new meeting at which a new trustee vote must be held.
4
Sections 48, 49, 60 and 62, and this section, apply in relation to a meeting arranged by virtue of subsection (3)(b).
5
The original trustee, the replacement trustee, the objector and any other interested party may apply to AiB for a review of a decision under subsection (2)(b).
6
Any application under subsection (5) must be made within 14 days beginning with the day on which notice of the decision is given.
7
If an application for a review under subsection (5) is made, AiB must—
a
take into account any representations made by an interested party within 21 days beginning with the day on which the application is made, and
b
confirm, amend or revoke the decision within 28 days beginning with that day.
8
The trustee, the objector or any other interested party may, within 14 days beginning with the day of a decision of AiB under subsection (7)(b), appeal to the sheriff against that decision.
9
No expense in objecting under this section is to fall on the debtor's estate.
S. 61 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2