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Bankruptcy (Scotland) Act 2016
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Changes to legislation:
Bankruptcy (Scotland) Act 2016, Section 60 is up to date with all changes known to be in force on or before 16 December 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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Changes and effects yet to be applied to Section 60:
- 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. 77(6A) inserted by 2024 asp 9 s. 13(3)
- 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. 134(6) inserted by 2024 asp 9 s. 9(3)(c)
- s. 147A-147C and cross-heading inserted by 2024 asp 9 s. 12(2)
- s. 167(3)(b)(ba) substituted for s. 167(3)(b) by 2024 asp 9 s. 10(2)(a)
- s. 167(4)-(6) inserted by 2024 asp 9 s. 10(2)(b)
- 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. 77(6A) inserted by 2024 asp 9 s. 13(3)
- 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. 134(6) inserted by 2024 asp 9 s. 9(3)(c)
- s. 147A-147C and cross-heading inserted by 2024 asp 9 s. 12(2)
- s. 167(3)(b)(ba) substituted for s. 167(3)(b) by 2024 asp 9 s. 10(2)(a)
- s. 167(4)-(6) inserted by 2024 asp 9 s. 10(2)(b)
- s. 214(2)(qa) inserted by 2024 asp 9 s. 12(3)
60Appointment of replacement trusteeS
(1)This section applies where a replacement trustee is elected by virtue of a trustee vote.
(2)On the election of the replacement trustee the original trustee must immediately make a report of the proceedings at the statutory meeting—
(a)where the original trustee was not AiB, to AiB, or
(b)where the original trustee was AiB, to the sheriff.
(3)The debtor, a creditor, the original trustee, the replacement trustee or AiB may object to any matter connected with the election—
(a)in the case of an objection by a person other than AiB, by applying to AiB,
(b)in the case of an objection by AiB, by application to the sheriff.
(4)Any objection under subsection (3) must—
(a)specify the grounds on which the objection is taken, and
(b)be made within 4 days beginning with the day of the statutory meeting.
(5)If there is no timeous objection under subsection (3), AiB must without delay declare the elected person to be the trustee in the sequestration.
(6)No expense in objecting under this section is to fall on the debtor's estate.
Commencement Information
I1S. 60 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2
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