Bankruptcy (Scotland) Act 1985 (repealed)

27 [F1 Discharge of original trustee] S

(1) On receiving a copy of the Accountant in Bankruptcy’s determination sent under subsection (3)(b)(i) of section 26 of this Act the [F2 original] trustee may apply to him for a certificate of discharge.

(2) The [F2 original] trustee shall send notice of an application under subsection (1) above to the debtor [F3 , to all creditors known to the original trustee] and to the [F4 replacement] trustee and shall inform the debtor—

(a) that he, the [F4 replacement] trustee or any creditor may make written representations relating to the application to the Accountant in Bankruptcy within a period of 14 days after such notification;

(b) that the audited accounts of his intromissions (if any) with the debtor’s estate are available for inspection at the office of the [F2 original] trustee and that a copy of those accounts has been sent to the [F4 replacement] trustee for insertion in the sederunt book; and

(c) of the effect mentioned in subsection (5) below.

(3) On the expiry of the period mentioned in subsection (2)(a) above the Accountant in Bankruptcy, after considering any representations duly made to him, shall—

(a) grant or refuse to grant the certificate of discharge; and

(b) notify (in addition to the [F2 original] trustee) the debtor, the [F4 replacement] trustee, and all creditors who have made such representations, accordingly.

(4) The [F2 original] trustee, the [F4 replacement] trustee, the debtor or any creditor who has made representations under subsection (2)(a) above may, within 14 days after the issuing of the determination under subsection (3) above, appeal therefrom to the sheriff and if the sheriff determines that a certificate of discharge which has been refused should be granted he shall order the Accountant in Bankruptcy to grant it; and the sheriff clerk shall send a copy of the decree of the sheriff to the Accountant in Bankruptcy.

[F5 (4A) The decision of the sheriff in an appeal under subsection (4) above shall be final.]

(5) The grant of a certificate of discharge under this section by the Accountant in Bankruptcy shall have the effect of discharging the [F2 original] trustee from all liability (other than any liability arising from fraud) to the creditors or to the debtor in respect of any act or omission of the [F2 original] trustee in exercising the functions conferred on him by this Act.

(6) Where a certificate of discharge is granted under this section, the [F4 replacement] trustee shall make an appropriate entry in the sederunt book.

(7) F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (7A) This section does not apply in any case where the Accountant in Bankruptcy is the [F2 original] trustee.]

Textual Amendments

F1 S. 27 heading substituted (1.4.2008) by virtue of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 36, 227(3), Sch. 1 para. 27(2) (with s. 223); S.S.I. 2008/115, art. 3(1)(i) (with arts. 4-6, 10 (as amended (with effect from 31.1.2011) by S.S.I. 2011/31, art. 5))

F2 Words in s. 27 substituted (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 36, 227(3), Sch. 1 para. 27(1)(b) (with s. 223); S.S.I. 2008/115, art. 3(1)(i) (with arts. 4-6, 10 (as amended (with effect from 31.1.2011) by S.S.I. 2011/31, art. 5))

F3 Words in s. 27(2) inserted (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 36, 227(3), Sch. 1 para. 27(1)(a) (with s. 223); S.S.I. 2008/115, art. 3(1)(i) (with arts. 4-6, 10 (as amended (with effect from 31.1.2011) by S.S.I. 2011/31, art. 5))

F4 Words in s. 27 substituted (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 36, 227(3), Sch. 1 para. 27(1)(c) (with s. 223); S.S.I. 2008/115, art. 3(1)(i) (with arts. 4-6, 10 (as amended (with effect from 31.1.2011) by S.S.I. 2011/31, art. 5))

F5 S. 27(4A) 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. 16(2) (with s. 12(6)); S.I. 1993/438, art.3

S. 27(7A) 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. 16(3) (with s. 12(6)); S.I. 1993/438, art.3

F6 S. 27(7) repealed (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227(3), Sch. 6 Pt. 1 (with s. 223); S.S.I. 2008/115, art. 3(2)(3), Sch. 2 (with arts. 4-6, 10 (as amended (with effect from 31.1.2011) by S.S.I. 2011/31, art. 5))