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Bankruptcy (Scotland) Act 2016
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Changes to legislation:
Bankruptcy (Scotland) Act 2016, Section 188 is up to date with all changes known to be in force on or before 15 November 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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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 31(5)(a) inserted by 2024 asp 9 s. 4(3)(c)(i)
- s. 31(5)(b) inserted by 2024 asp 9 s. 4(3)(c)(ii)
- s. 32(4)(b)(i)(ii) and words substituted for words by 2024 asp 9 s. 5(3)(a)
- s. 33(1)(aa) inserted by 2024 asp 9 s. 4(5)(b)
- s. 34(A1) inserted by 2024 asp 9 s. 4(6)(a)
- s. 34(1)(a)(i)(ii) and words substituted for words by 2024 asp 9 s. 5(4)
- s. 34(1A) inserted by 2024 asp 9 s. 4(6)(b)
- s. 35(2)(a)(b) inserted by 2024 asp 9 s. 4(7)(b)
- s. 35(2A)(2B) inserted by 2024 asp 9 s. 4(7)(c)
- s. 35(6)(a)(i)(ii) and words substituted for words by 2024 asp 9 s. 5(5)(b)
- s. 35(6A)-(6C) inserted by 2024 asp 9 s. 4(7)(e)
- s. 37A inserted by 2024 asp 9 s. 5(6)
- s. 77(6A) inserted by 2024 asp 9 s. 13(3)
- s. 78(2)(a) words in s. 78(2) renumbered as s. 78(2)(a) by 2019 asp 4 s. 7(2)(a)
- s. 78(2)(b) and word inserted by 2019 asp 4 s. 7(2)(b)
- s. 134(6) inserted by 2024 asp 9 s. 9(3)(c)
- s. 147A-147C and cross-heading inserted by 2024 asp 9 s. 12(2)
- s. 167(3)(b)(ba) substituted for s. 167(3)(b) by 2024 asp 9 s. 10(2)(a)
- s. 167(4)-(6) inserted by 2024 asp 9 s. 10(2)(b)
- s. 214(2)(qa) inserted by 2024 asp 9 s. 12(3)
188Protected trust deed: appealS
(1)The persons mentioned in subsection (2) may appeal to the sheriff against—
(a)any refusal by AiB to register a trust deed if it is a refusal on the grounds that AiB is not satisfied as mentioned in section 171(2)(c),
(b)any determination by AiB fixing the remuneration payable to the trustee under a protected trust deed,
(c)any direction under section 179(1) [F1, 184A(6) or 184C(10)] to the trustee, F2...
(d)any refusal by AiB under section 184(9) [F3, or
(e)any determination by AiB under section 184C(4).]
(2)The persons are—
(a)the trustee,
(b)the debtor, if able to satisfy the sheriff that the debtor has, or is likely to have, a pecuniary interest in the outcome of the appeal, and
(c)any creditor, if able to satisfy the sheriff that the creditor has, or is likely to have any such interest in that outcome.
[F4(2A)The persons mentioned in subsection (2B) may appeal to the sheriff against the outcome of any review undertaken by AiB under section 171B.
(2B)The persons are—
(a)the trustee,
(b)the debtor,
(c)any creditor.
(2C)Where an appeal is brought under subsection (2A), AiB’s determination on a review under section 171B is suspended until the determination of that appeal.]
(3)The trustee may appeal to the sheriff against a refusal by the creditors to grant the trustee's discharge under section 186(2).
(4)The debtor may appeal to the sheriff against a refusal by the trustee to [F5seek agreement from AiB to refuse to discharge the debtor under section 184A(1)].
(5)Any appeal under subsection (1) [F6or (2A)] must be made within 21 days after the refusal, determination or direction appealed against.
(6)The sheriff to whom any appeal under this section is to be made is the sheriff who, had a petition for the sequestration of the estate been presented at the date the trust deed was granted, would have had jurisdiction to hear that petition in terms of section 15(1) or (3).
(7)The decision of the sheriff on an appeal under this section is final.
Textual Amendments
F1Words in s. 188(1)(c) inserted (1.7.2024) by The Protected Trust Deeds (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/198), regs. 1(1), 5(5)(a)
F2Word in s. 188(1)(c) omitted (1.7.2024) by virtue of The Protected Trust Deeds (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/198), regs. 1(1), 5(5)(b)
F3S. 188(1)(e) and word inserted (1.7.2024) by The Protected Trust Deeds (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/198), regs. 1(1), 5(5)(c)
F4S. 188(2A)-(2C) inserted (1.7.2024) by The Protected Trust Deeds (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/198), regs. 1(1), 3(4)(a)
F5Words in s. 188(4) substituted (1.7.2024) by The Protected Trust Deeds (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/198), regs. 1(1), 5(5)(d)
F6Words in s. 188(5) inserted (1.7.2024) by The Protected Trust Deeds (Miscellaneous Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/198), regs. 1(1), 3(4)(b)
Commencement Information
I1S. 188 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2
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