Bankruptcy (Scotland) Act 1985 (repealed)

30 Election, resignation and removal of commissioners. S

(1) At the statutory meeting or any subsequent meeting of creditors, the creditors (other than any such person as is mentioned in section 24(3) of this Act) may, from among the creditors or their mandatories, elect one or more commissioners (or new or additional commissioners); but not more than 5 commissioners shall hold office in any sequestration at any one time.

(2) None of the following persons shall be eligible for election as a commissioner, nor shall anyone who becomes such a person after having been elected as a commissioner be entitled to continue to act as a commissioner—

(a) any person mentioned in paragraph (a) or (c) of section 24(2) of this Act as not being eligible for election;

(b) a person who is an associate of the debtor or of the F1 . . . trustee.

(3) A commissioner may resign office at any time.

(4) Without prejudice to section [F2 1A(2)] of this Act, a commissioner may be removed from office—

(a) if he is a mandatory of a creditor, by the creditor recalling the mandate and intimating in writing its recall to the F1 . . . trustee;

(b) by the creditors (other than any such person as is mentioned in section 24(3) of this Act) at a meeting called for the purpose.

[F3 (c) by order of the sheriff if the sheriff is satisfied that the commissioner is no longer acting in the interests of the efficient conduct of the sequestration.]

[F4 (5) An order under subsection (4)(c) may be made on the application of—

(a) the Accountant in Bankruptcy,

(b) a person representing not less than one quarter in value of the creditors, or

(c) the trustee.

(6) The sheriff must—

(a) order an application by a person mentioned in subsection (5) to be served on the commissioner,

(b) order that the application is intimated to every creditor who has given a mandate to the commissioner, and

(c) before deciding whether or not to make an order under subsection (4)(c), give the commissioner the opportunity to make representations.

(7) On an application under subsection (4)(c), the sheriff may, in ordering the removal of the commissioner from office, make such further order as the sheriff thinks fit or may, instead of removing the commissioner from office, make such other order as the sheriff thinks fit.

(8) The trustee, the Accountant in Bankruptcy, any commissioner or any creditor may appeal against the decision of the sheriff on an application under subsection (4)(c) within 14 days after the date of that decision.]

Textual Amendments

F1 Word in s. 30 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))

F2 Words in s. 30(4) 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.19 (with s. 12(6)); S.I. 1993/438, art.3

F3 S. 30(4)(c) inserted (1.4.2015) by Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), ss. 31(a), 57(2); S.S.I. 2014/261, art. 3 (with arts. 4-7, 12) (as amended by S.S.I. 2015/54, art. 2)

F4 S. 30(5)-(8) inserted (1.4.2015) by Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), ss. 31(b), 57(2); S.S.I. 2014/261, art. 3 (with arts. 4-7, 12) (as amended by S.S.I. 2015/54, art. 2)

Modifications etc. (not altering text)

C1 S. 30 modified (9.6.1997) by 1986 c. 53, s. 27A(3)(c) (as inserted (9.6.1997) by 1995 c. 26, s. 43, Sch. 7 para. 8; S.I. 1997/1427, art. 2(k)(n)(i))