Part 1Bankruptcy
The trustee in the sequestration
9Grounds for resignation or removal of trustee
1
In section 13 of the 1985 Act (resignation, removal etc. of interim trustee)—
a
in subsection (2)(a)—
i
for “(whether” substitute “
for any reason mentioned in subsection (2A) below or
”
;
ii
for “a” substitute “
any other
”
; and
iii
the words “or from any other cause whatsoever)” are repealed; and
b
after subsection (2), insert—
2A
The reasons referred to in subsection (2)(a) above are that the interim trustee—
a
is incapable within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000 (asp 4); or
b
has some other incapacity by virtue of which he is unable to act as interim trustee.
2
In section 28 of that Act (resignation and death of permanent trustee), in subsection (1), for the words from “either” to “he” substitute
the trustee—
a
is unable to act (whether by, under or by virtue of a provision of this Act or from any other cause whatsoever); or
b
has so conducted himself that he should no longer continue to act,
the Accountant in Bankruptcy