Bankruptcy (Scotland) Act 1985

25 Confirmation of permanent trustee

(1) On the election of the permanent trustee—

(a) the interim trustee shall forthwith make a report of the proceedings at the statutory meeting to the sheriff: and

(b) the debtor, a creditor, the interim trustee, the permanent trustee or the Accountant in Bankruptcy may, within 4 days after the statutory meeting, object to any matter connected with the election; and such objection shall be by summary application to the sheriff, specifying the grounds on which the objection is taken.

(2) If there is no timeous objection under subsection (1)(b) above, the sheriff shall forthwith declare the elected person to be the permanent trustee; and the sheriff shall confirm his election and the sheriff clerk shall issue to him an act and warrant in a form prescribed by the Court of Session by act of sederunt and send a copy of the act and warrant to the Accountant in Bankruptcy.

(3) If there is a timeous objection under subsection (1)(b) above, the sheriff shall forthwith give parties an opportunity to be heard thereon and shall give his decision.

(4) If in his decision under subsection (3) above the sheriff—

(a) rejects the objection, subsection (2) above shall apply as if there had been no timeous objection ;

(b) sustains the objection, he shall order the interim trustee to arrange a new meeting for the election of a permanent trustee; and sections 23 and 24 of this Act and this section shall apply in relation to such a meeting.

(5) Any declaration, confirmation or decision of the sheriff under this section shall be final, and no expense in objecting under this section shall fall on the debtor's estate.

(6) The permanent trustee shall—

(a) insert a copy of the said act and warrant in the sederunt book; and

(b) where he is not the same person as the interim trustee, publish a notice in the Edinburgh Gazette in the prescribed form stating that he has been confirmed in office as permanent trustee.