Bankruptcy (Scotland) Act 2016

[F1 147B Accountant in Bankruptcy appointment as new trustee: review and appeal S

(1) The trustee may apply to AiB for a review of a decision under section 147A(6) to refuse an application.

(2) The debtor or any creditor may apply to AiB for a review of a decision under section 147A(6) to grant an application.

(3) Any application under subsection (1) or (2) must be made within 14 days beginning with the day of notification of the decision in question.

(4) If an application for review under subsection (2) is made, the grant of the application is suspended until the determination of that review by AiB.

(5) If an application for a review under subsection (1) or (2) is made, AiB must—

(a) take into account any representations made by an interested person within 21 days beginning with the day on which the application is made, and

(b) confirm or revoke the decision within 28 days beginning with the day on which the application is made.

(6) If, under subsection (5)(b), AiB—

(a) revoke a decision to grant an application, AiB must revoke the notice given under section 147A(6)(b) granting the application,

(b) revoke a decision to refuse an application, AiB must issue a notice under section 147A(6)(b) granting the application, or

(c) confirm a decision to grant an application, section 147A(9) applies as if for the words “14 days after the notice is given” there were substituted “14 days after the AiB decision under section 147B(5)(b)”.

(7) The debtor, the trustee or any creditor may appeal to the sheriff against any decision of AiB under subsection (5)(b) within 14 days beginning with the day of the decision.

(8) If an appeal relating to a decision mentioned in subsection (6)(b) or (c) is made, the grant of the application is suspended until the determination of that appeal.

(9) If, on an appeal under subsection (7), the sheriff determines that an application which has been refused should be granted—

(a) the sheriff must order AiB to issue a notice under section 147A(6)(b) granting the application, and

(b) section 147A (9) applies as if the words “14 days after the notice is given” were omitted.

(10) If, on an appeal under subsection (7), the sheriff determines that an application which has been granted should be refused, the sheriff must order AiB to revoke the notice given under section 147A(6)(b) granting the application.

(11) The sheriff clerk must send AiB a copy of the sheriff’s decree.

(12) The decision of the sheriff on an appeal under subsection (7) is final.]

Textual Amendments

F1 Ss. 147A-147C and cross-heading inserted (17.4.2025 for specified purposes, 25.6.2025 in so far as not already in force) by Bankruptcy and Diligence (Scotland) Act 2024 (asp 9), ss. 12(2), 22(2) (with s. 12(4)); S.S.I. 2025/107, reg. 2(1)(2)(d)