Bankruptcy (Scotland) Act 1985 (repealed)

45 Public examination. S

(1) Not less than 8 weeks before the end of the first accounting period, the F1 . . . trustee—

(a) may; or

(b) if requested to do so by the Accountant in Bankruptcy or the commissioners (if any) or one quarter in value of the creditors, shall,

apply to the sheriff for an order for the public examination before the sheriff of the debtor or of a relevant person relating to the debtor’s assets, his dealings with them or his conduct in relation to his business or financial affairs:

Provided that, on cause shown, such application may be made by the F1 . . . trustee at any time.

(2) Subject to section 46(2) of this Act, the sheriff, on an application under subsection (1) above, shall make an order requiring the debtor or relevant person to attend for examination before him in open court on a date (being not earlier than 8 days nor later than 16 days after the date of the order) and at a time specified in the order.

(3) On the sheriff making an order under subsection (2) above, the F1 . . . trustee shall—

(a) [F2 send to the Accountant in Bankruptcy] a notice in such form and containing such particulars as may be prescribed; and

(b) send a copy of the said notice—

(i) to every creditor known to the F1 . . . trustee; and

(ii) where the order is in respect of a relevant person, to the debtor, and

inform the creditor and, where applicable, the debtor that he may participate in the examination.

[F3 (3A) The Accountant in Bankruptcy must enter particulars of the notice sent under subsection (3)(a) in the register of insolvencies.]

(4) A person who fails without reasonable excuse to comply with an order made under subsection (2) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 3 months or to both.

Textual Amendments

F1 Words in s. 45 repealed (1.4.2008) by Bankruptcy and Diligence etc.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. 45(3)(a) substituted (1.4.2015) by Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), ss. 24(2)(a), 57(2); S.S.I. 2014/261, art. 3 (with arts. 4-8, 12) (as amended by S.S.I. 2015/54, art. 2)

F3 S. 45(3A) inserted (1.4.2015) by Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), ss. 24(2)(b), 57(2); S.S.I. 2014/261, art. 3 (with arts. 4-8, 12) (as amended by S.S.I. 2015/54, art. 2)