F15Statutory meeting of creditors and trustee vote
26AF1Accountant in Bankruptcy to account for intromissions.
1
2
The Accountant in Bankruptcy shall, on F4the appointment of the replacement trustee, hand over to the F5replacement trustee everything in his possession which relates to the sequestration and which he obtained in his capacity as F6original trustee (including the statement of assets and liabilities); and thereupon he shall cease to act as F7. . . trustee.
3
The Accountant in Bankruptcy shall, not later than 3 months after the F8appointment of the replacement trustee, supply to the F9replacement trustee—
a
his accounts of his intromissions (if any) as F10original trustee with the debtor’s estate;
b
a determination of his fees and outlays calculated in accordance with regulations made under section 69A of this Act; and
c
a copy of the notice mentioned in subsection (4)(b) below.
4
The Accountant in Bankruptcy shall send to the debtor and to all creditors known to him—
a
a copy of the determination mentioned in subsection (3)(b) above; and
b
a notice in writing stating—
i
that the Accountant in Bankruptcy has commenced the procedure under this Act leading to discharge in respect of his actings as F7. . . trustee;
ii
that the accounts of his intromissions (if any) with the debtor’s estate are available for inspection at such address as the Accountant in Bankruptcy may determine;
iii
that an appeal may be made to the sheriff under subsection (5) below; and
iv
the effect of subsection (7) below.
5
The F11replacement trustee, the debtor and any creditor may appeal to the sheriff against—
a
the determination of the Accountant in Bankruptcy mentioned in subsection (3)(b) above;
b
the discharge of the Accountant in Bankruptcy in respect of his actings as F7. . . trustee; or
c
both such determination and discharge.
6
An appeal under subsection (5) above shall be made not more than 14 days after the issue of the notice mentioned in subsection (4)(b) above; and the decision of the sheriff on such an appeal shall be final.
7
Where—
a
the requirements of this section have been complied with; and
b
no appeal is made to the sheriff under subsection (5) above or such an appeal is made but is refused as regards the discharge of the Accountant in Bankruptcy,
the Accountant in Bankruptcy shall be discharged from all liability (other than any liability arising from fraud) to the creditors or to the debtor in respect of any act or omission of the Accountant in Bankruptcy in exercising the functions of F7. . . trustee in the sequestration.
Cross-heading preceding s. 21 substituted (S.) (1.4.2008) by virtue of Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 36, 227(3), Sch. 1 para. 19 (with s. 223); S.S.I. 2008/115, art. 3(1)(i) (with arts. 4-6, 10 (as amended (with effect from 31.1.2011) by S.S.I. 2011/31, art. 5))