- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (06/04/1996)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/04/2008
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Bankruptcy (Scotland) Act 1985 (repealed), Section 38 is up to date with all changes known to be in force on or before 18 August 2024.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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(1)The permanent trustee shall—
(a)as soon as may be after his confirmation in office, for the purpose of recovering the debtor’s estate under section 3(1)(a) of this Act, and subject to section 40 of this Act, take possession of the debtor’s whole estate so far as vesting in the permanent trustee under sections 31 and 32 of this Act and any document in the debtor’s possession or control relating to his assets or his business or financial affairs;
(b)make up and maintain an inventory and valuation of the estate which he shall record in the sederunt book; and
(c)forthwith thereafter send a copy of any such inventory and valuation to the Accountant in Bankruptcy.
(2)The permanent trustee shall be entitled to have access to all documents relating to the assets or the business or financial affairs of the debtor sent by or on behalf of the debtor to a third party and in that third party’s hands and to make copies of any such documents.
(3)If any person obstructs a permanent trustee who is exercising, or attempting to exercise, a power conferred by subsection (2) above, the sheriff, on the application of the permanent trustee, may order that person to cease so to obstruct the permanent trustee.
(4)The permanent trustee may require delivery to him of any title deed or other document of the debtor, notwithstanding that a right of lien is claimed over the title deed or document; but this subsection is without prejudice to any preference of the holder of the lien.
Modifications etc. (not altering text)
C1Ss. 38, 39(4)(7) applied with modifications by S.I. 1986/1915, Rule 4.22.(1)
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