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Bankruptcy (Scotland) Act 2016
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Changes to legislation:
Bankruptcy (Scotland) Act 2016, Section 59 is up to date with all changes known to be in force on or before 26 February 2025. 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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Changes and effects yet to be applied to Section 59:
- s. 31(5)(a) inserted by 2024 asp 9 s. 4(3)(c)(i)
- s. 31(5)(b) inserted by 2024 asp 9 s. 4(3)(c)(ii)
- s. 32(4)(b)(i)(ii) and words substituted for words by 2024 asp 9 s. 5(3)(a)
- s. 33(1)(aa) inserted by 2024 asp 9 s. 4(5)(b)
- s. 34(A1) inserted by 2024 asp 9 s. 4(6)(a)
- s. 34(1)(a)(i)(ii) and words substituted for words by 2024 asp 9 s. 5(4)
- s. 34(1A) inserted by 2024 asp 9 s. 4(6)(b)
- s. 35(2)(a)(b) inserted by 2024 asp 9 s. 4(7)(b)
- s. 35(2A)(2B) inserted by 2024 asp 9 s. 4(7)(c)
- s. 35(6)(a)(i)(ii) and words substituted for words by 2024 asp 9 s. 5(5)(b)
- s. 35(6A)-(6C) inserted by 2024 asp 9 s. 4(7)(e)
- s. 37A inserted by 2024 asp 9 s. 5(6)
- s. 78(2)(a) words in s. 78(2) renumbered as s. 78(2)(a) by 2019 asp 4 s. 7(2)(a)
- s. 78(2)(b) and word inserted by 2019 asp 4 s. 7(2)(b)
- s. 88(1)(d) and word inserted by 2025 asp 3 sch. 2 para. 10(3)(b)
- s. 129ZA inserted by 2025 asp 3 sch. 2 para. 10(8)
- s. 147A-147C and cross-heading inserted by 2024 asp 9 s. 12(2)
- s. 214(2)(qa) inserted by 2024 asp 9 s. 12(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 31(5)(a) inserted by 2024 asp 9 s. 4(3)(c)(i)
- s. 31(5)(b) inserted by 2024 asp 9 s. 4(3)(c)(ii)
- s. 32(4)(b)(i)(ii) and words substituted for words by 2024 asp 9 s. 5(3)(a)
- s. 33(1)(aa) inserted by 2024 asp 9 s. 4(5)(b)
- s. 34(A1) inserted by 2024 asp 9 s. 4(6)(a)
- s. 34(1)(a)(i)(ii) and words substituted for words by 2024 asp 9 s. 5(4)
- s. 34(1A) inserted by 2024 asp 9 s. 4(6)(b)
- s. 35(2)(a)(b) inserted by 2024 asp 9 s. 4(7)(b)
- s. 35(2A)(2B) inserted by 2024 asp 9 s. 4(7)(c)
- s. 35(6)(a)(i)(ii) and words substituted for words by 2024 asp 9 s. 5(5)(b)
- s. 35(6A)-(6C) inserted by 2024 asp 9 s. 4(7)(e)
- s. 37A inserted by 2024 asp 9 s. 5(6)
- s. 78(2)(a) words in s. 78(2) renumbered as s. 78(2)(a) by 2019 asp 4 s. 7(2)(a)
- s. 78(2)(b) and word inserted by 2019 asp 4 s. 7(2)(b)
- s. 88(1)(d) and word inserted by 2025 asp 3 sch. 2 para. 10(3)(b)
- s. 129ZA inserted by 2025 asp 3 sch. 2 para. 10(8)
- s. 147A-147C and cross-heading inserted by 2024 asp 9 s. 12(2)
- s. 214(2)(qa) inserted by 2024 asp 9 s. 12(3)
59Review or appeal by virtue of section 58S
(1)The debtor, the petitioner or any creditor may apply to AiB for a review of the discharge of AiB in respect of AiB's actings as interim trustee.
(2)Any application under subsection (1) must be made within 14 days beginning with the day on which notice is sent under section 58(4)(a)(iii) or (b).
(3)If an application for a review under subsection (1) is made, AiB must—
(a)take into account any representations made, within 21 days beginning with the day on which the application is made, by an interested person, and
(b)confirm or revoke the discharge within 28 days beginning with that day.
(4)The debtor, the petitioner or any creditor may appeal to the sheriff within 14 days beginning with—
(a)the day on which notice is sent under section 58(4)(a)(iii) or (b), against the determination mentioned in section 58(4)(a)(ii), or
(b)the day of a decision by AiB under subsection (3)(b), against that decision.
(5)The sheriff clerk must, following an appeal under subsection (4), send a copy of the decree to AiB.
(6)The decision of the sheriff on an appeal under subsection (4) is final.
Commencement Information
I1S. 59 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2
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