Bankruptcy and Diligence etc. (Scotland) Act 2007

28 (1) Section 28 (resignation and death of permanent trustee) is amended as follows.

(2) In subsections (1), (1A) and (2), for “sheriff”, in each place where it occurs, substitute “Accountant in Bankruptcy”.

(3) In subsection (4)—

(a) for “and confirmation in office of the”, substitute “of a replacement trustee and the appointment of that”; and

(b) for “confirmation in office”, where it second occurs, substitute “appointment”.

(4) In subsection (5), for “, the provisions of section 25A of this Act shall apply” substitute—

“(a) the Accountant in Bankruptcy; or

(b) such person as may be nominated by the Accountant in Bankruptcy (being a person who is not ineligible for election as replacement trustee under section 24(2) of this Act) if that person consents to the nomination,

may apply to the sheriff for appointment as trustee in the sequestration; and, on such application, the sheriff shall make an order so appointing the Accountant in Bankruptcy or, as the case may be, the person nominated by him.”.

(5) The heading to that section becomes “Resignation and death of trustee”.

(6) The italic cross-heading preceding that section becomes “Replacement of trustee”.