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Version Superseded: 30/11/2016
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Bankruptcy (Scotland) Act 1985 (repealed), Section 25A is up to date with all changes known to be in force on or before 02 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section applies where an application is made to the Accountant in Bankruptcy under section 25(3)(a).
(2)The Accountant in Bankruptcy 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 the Accountant in Bankruptcy decides—
(a)to reject the objection in the application, the Accountant in Bankruptcy must without delay declare the elected person to be the trustee in the sequestration,
(b)to sustain the objection in the application, the Accountant in Bankruptcy must order the original trustee to arrange a new meeting at which a new trustee vote must be held.
(4)Sections 23 to 25B 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 person may apply to the Accountant in Bankruptcy for a review of a decision under subsection (2)(b).
(6)An application under subsection (5) must be made before the expiry of the period of 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, the Accountant in Bankruptcy must—
(a)take into account any representations made by an interested person before the expiry of the period of 21 days beginning with the day on which the application is made, and
(b)confirm, amend or revoke the decision before the expiry of the period of 28 days beginning with the day on which the application is made.
(8)The trustee, the objector and any other interested person may by summary application appeal to the sheriff against a decision by the Accountant in Bankruptcy under subsection (7)(b), before the expiry of the period of 14 days beginning with the day of the decision.
(9)No expense in objecting under this section is to fall on the debtor’s estate.]
Textual Amendments
F1Ss. 25-25B substituted for s. 25 (1.4.2015) by Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), ss. 28(1), 57(2); S.S.I. 2014/261, art. 3 (with arts. 4-7, 12) (as amended by S.S.I. 2015/54, art. 2)
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