Bankruptcy (Scotland) Act 1985 (repealed)

26 Provisions relating to termination of interim trustee’s functions. S

(1) Where the interim trustee does not himself become the permanent trustee, he shall, on confirmation of the permanent trustee in office, hand over to him everything in his possession which relates to the sequestration (including [F1 the statement of assets and liabilities, and a copy], of the statement prepared under section 23(3)(d), and of the written comments sent under section 20(2)(c) of this Act) and shall thereupon cease to act in the sequestration.

(2) Within 3 months of the confirmation in office of the permanent trustee, the interim trustee shall—

(a) submit to the Accountant in Bankruptcy—

(i) his accounts of his intromissions (if any) with the debtor’s estate; and

(ii) a claim for outlays reasonably incurred, and for remuneration for work reasonably undertaken, by him; and

(b) send to the permanent trustee (unless the interim trustee has himself become the permanent trustee), a copy of what is submitted to the Accountant in Bankruptcy under paragraph (a) above.

(3) On a submission being made to him under subsection (2) above, the Accountant in Bankruptcy—

(a) shall—

(i) audit the accounts; and

(ii) issue a determination fixing the amount of the outlays and remuneration payable to the interim trustee; and

(b) shall send a copy of—

(i) the said determination to the interim trustee (except where the interim trustee has himself become the permanent trustee); and

(ii) the interim trustee’s audited accounts and of the said determination to the permanent trustee, who shall insert the copies in the sederunt book.

(4) The interim trustee, the permanent trustee, the debtor or any creditor may appeal to the sheriff against a determination under subsection (3)(a)(ii) above within 14 days of its issue [F2 ; and the decision of the sheriff on such an appeal shall be final].

(5) The permanent trustee, on being confirmed in office, shall make such insertions in the sederunt book as are appropriate to provide a record of the sequestration process before his confirmation, but he shall make no insertion therein relating to the written comments made by the interim trustee under section 20(2)(c) of this Act.

[F2 (5A) This section does not apply in any case where the Accountant in Bankruptcy is the interim trustee.]

Textual Amendments

F1 Words in s. 26(1) substituted (1.4.1993, subject to savings in arts. 4, 5 of S.I. 1993/438) by 1993 c. 6, s. 11(3), Sch. 1 para. 14(2) (with s. 12(6)); S.I. 1993/438, art.3

F2 Words in s. 26(4) inserted (1.4.1993, subject to savings in arts. 4, 5 of S.I. 1993/438) by 1993 c. 6, s. 11(3), Sch. 1 para. 14(3) (with s. 12(6)); S.I. 1993/438, art.3

S. 26(5A) inserted (1.4.1993, subject to savings in arts. 4, 5 of S.I. 1993/438) by 1993 c. 6, s. 11(3), Sch. 1 para. 14(4) (with s. 12(6)); S.I. 1993/438, art.3