(1)The sheriff may, on the application of any person having an interest—
(a)if there has been a failure to comply with any requirement of this Act or any regulations made under it, make an order waiving any such failure and, so far as practicable, restoring any person prejudiced by the failure to the position he would have been in but for the failure;
(b)if for any reason anything required or authorised to be done in, or in connection with, the sequestration process cannot be done, make such order as may be necessary to enable that thing to be done.
(2)The sheriff, in an order under subsection (1) above, may impose such conditions, including conditions as to expenses, as he thinks fit and may—
(a)authorise or dispense with the performance of any act in the sequestration process;
(b)appoint as F1. . . trustee on the debtor’s estate a person who would be eligible to be elected under section 24 of this Act, whether or not in place of an existing trustee;
(c)extend or waive any time limit specified in or under this Act.
(3)An application under subsection (1) above—
(a)may at any time be remitted by the sheriff to the Court of Session, of his own accord or on an application by any person having an interest;
(b)shall be so remitted, if the Court of Session so directs on an application by any such person,
if the sheriff or the Court of Session, as the case may be, considers that the remit is desirable because of the importance or complexity of the matters raised by the application.
(4)The F1. . . trustee shall record in the sederunt book the decision of the sheriff or the Court of Session under this section.
Textual Amendments
F1Words in s. 63 repealed (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227(3), Sch. 6 Pt. 1 (with s. 223); S.S.I. 2008/115, art. 3(2)(3), Sch. 2 (with arts. 4-6, 10 (as amended (with effect from 31.1.2011) by S.S.I. 2011/31, art. 5))
Modifications etc. (not altering text)
C1S. 63 applied with modifications by S.I. 1986/1915, Rule 7.32.