Bankruptcy (Scotland) Act 2016

54 Appointment of interim trustee

(1) Where a petition for sequestration is presented by a creditor, or by a trustee acting under a trust deed, the sheriff may appoint an interim trustee before sequestration is awarded if—

(a) the debtor consents, or

(b) the trustee acting under the trust deed or any creditor shows cause.

(2) For the purposes of the appointment of an interim trustee under subsection (1)—

(a) where a person is nominated as mentioned in subsection (1)(a) of section 51 and the provisions of that subsection apply, the sheriff may appoint that person, and

(b) where such a person is not appointed, the sheriff must appoint AiB.

(3) Where an interim trustee is appointed under subsection (1), the appointee is, as soon as practicable, to notify the debtor of the appointment.

(4) The interim trustee must, at the same time as notifying the debtor under subsection (3), send to the debtor for signature by the debtor a statement of undertakings in the form prescribed.