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Changes over time for: Section 12
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Version Superseded: 30/11/2016
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Point in time view as at 01/07/2010. This version of this provision has been superseded.
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Changes to legislation:
Bankruptcy and Diligence etc. (Scotland) Act 2007, Section 12 is up to date with all changes known to be in force on or before 07 November 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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12 Replacement of trustee acting in more than one sequestrationS
This section has no associated Explanatory Notes
After section 28 of the 1985 Act, insert—
“28AReplacement of trustee acting in more than one sequestration
(1)This section applies where a trustee acting as such in two or more sequestrations—
(a)dies; or
(b)ceases to be qualified to continue to act as trustee by virtue of section 24(2) of this Act.
(2)The Accountant in Bankruptcy may, by a single petition to the Court of Session, apply—
(a)in a case where subsection (1)(b) above applies, for the removal of the trustee from office in each sequestration in which he has so ceased to be qualified; and
(b)for the appointment of—
(i)the Accountant in Bankruptcy; or
(ii)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,
as the trustee in each sequestration in which the trustee was acting.
(3)The procedure in a petition under subsection (2) above shall be as the Court of Session may, by act of sederunt, prescribe.
(4)An act of sederunt made under subsection (3) above may, in particular, make provision as to the intimation to each sheriff who awarded sequestration or to whom sequestration was transferred under section 15(2) of this Act of the appointment by the Court of Session of a trustee in that sequestration.”.
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