40.Section 147B provides a process for review and appeal against decisions to grant or refuse an application under section 147A. The trustee may apply to AiB for a review of a decision to refuse an application (subsection (1)), and the debtor or any creditor may apply to AiB for a review of a decision to grant an application (subsection (2)). An application for review must be made within 14 days, beginning on the day of notification of the decision being reviewed (subsection (3)). As noted, section 147A(9) provides that the effect of a decision to grant an application happens after 14 days, so AiB would not have taken over as trustee when an application for review of such a decision was made. If an application for review is made, the grant of the application is further suspended until AiB makes a determination (subsection (4)). Subsection (5) sets out what AiB must do if an application for review is made, requiring AiB to take into account any representations of an interested person which are made within 21 days after the application was made (paragraph (a)), and to confirm or revoke the decision within 28 days after the application was made (paragraph (b)). Subsection (6) deals with the consequences of AiB’s review decision, including at paragraph (c) allowing for a further 14 day delay of AiB becoming the new trustee for a review decision to grant an application, in order to allow for any appeals to the sheriff before the actual transfer of trusteeship occurs.
See the glossary in the Policy Memorandum for definition of terms.
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