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Bankruptcy (Scotland) Act 1985

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This is the original version (as it was originally enacted).

5Paragraphs 6 and 7 of this Schedule shall apply in respect of a trust deed if—

(a)the trustee is a person who would not be disqualified under section 24(2) of this Act from acting as permanent trustee if the debtor's estate were being sequestrated ;

(b)the trustee, forthwith after the trust deed has been delivered to him, both publishes in the Edinburgh Gazette and sends to every creditor known to him a notice in the prescribed form—

(i)stating that the trust deed has been granted by the debtor; and

(ii)inviting creditors, in order that paragraphs 6 and 7 of this Schedule may apply, to accede to the trust deed within 4 weeks of the date on which the notice is so published ;

(c)within the said period of 4 weeks a majority in number and not less than two-thirds in value of the creditors accede to the trust deed ; and

(d)the trustee immediately after the expiry of the said period sends to the Accountant in Bankruptcy for registration in the register of insolvencies a copy of the trust deed with a certificate endorsed thereon that it is a true copy and the accession of creditors as required by sub-paragraph (c) above has been obtained.

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