(1)This section applies where a certificate is issued under section 54D(4)(b).
(2)The trustee may apply to the Accountant in Bankruptcy in the prescribed form for authority to resign office.
(3)An application under subsection (2) must include details of every creditor known to the trustee.
(4)An application under subsection (2) may not be made—
(a)if after the certificate is issued the trustee ascertains the whereabouts of the debtor or the debtor makes contact with the trustee,
(b)after the date which is 6 months after the date on which the certificate is awarded.
(5)Where an application is made under subsection (2), the Accountant in Bankruptcy must issue to the trustee who made the application a notice in the prescribed form granting the application.
(6)Where a notice is issued under subsection (5)—
(a)the Accountant in Bankruptcy is deemed to be the trustee,
(b)the Accountant in Bankruptcy must notify every creditor known to the Accountant in Bankruptcy that the Accountant in Bankruptcy is deemed to be the trustee,
(c)the former trustee is not entitled to recover outlays and remuneration payable in accordance with section 53 other than by a claim in the final distribution of the debtor’s estate, and
(d)subsections (6) to (8) of section 28 apply in relation to the appointment of the Accountant in Bankruptcy as the new trustee as they apply in relation to the appointment of a new trustee under that section.]
Textual Amendments
F1Ss. 54D-54G inserted (30.6.2014 for specified purposes, 1.4.2015 in so far as not already in force) by Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), ss. 19, 57(2); S.S.I. 2014/172, art. 2, sch.; S.S.I. 2014/261, art. 3 (with arts. 4-7, 12) (as amended by S.S.I. 2015/54, art. 2)
