Bankruptcy (Scotland) Act 1985 (repealed)

62 Sederunt book and other documents.S

(1)Subject to subsection (2) below, whoever by virtue of this Act for the time being holds the sederunt book shall make it available for inspection at all reasonable hours by any interested person.

(2)As regards any case in which the person on whom a duty is imposed by subsection (1) above is the Accountant in Bankruptcy, the [F1the Scottish Ministers may by regulations]

(a)limit the period for which the duty is so imposed; and

(b)prescribe conditions in accordance with which the duty shall be carried out.

[F2(2A)The trustee must insert in the sederunt book the information listed in Schedule 3A to this Act.

(2B)The Scottish Ministers may by regulations modify Schedule 3A.]

(3)Any entry in the sederunt book shall be sufficient evidence of the facts stated therein, except where it is founded on by the F3. . . trustee in his own interest.

(4)Notwithstanding any provision of this Act, the F3. . . trustee shall not be bound to insert in the sederunt book any document of a confidential nature.

(5)The F3. . . trustee shall not be bound to exhibit to any person other than a commissioner or the Accountant in Bankruptcy any document in his possession of a confidential nature.

(6)An extract from the register of insolvencies bearing to be signed by the Accountant in Bankruptcy shall be sufficient evidence of the facts stated therein.

Textual Amendments

F1Words in s. 62(2) substituted (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. 23(3)(a), 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)

F2S. 62(2A)(2B) 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. 23(3)(b), 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)

F3Words in s. 62 repealed (1.4.2008) by Bankruptcy and Diligence etc.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))