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- Original (As enacted)
Bankruptcy (Scotland) Act 2016 is up to date with all changes known to be in force on or before 01 December 2024. There are changes that may be brought into force at a future date.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
PART 1 Application or petition for sequestration
12.Petition for sequestration of estate: provision of information
14A.Main proceedings in Scotland: undertaking by trustee in respect of assets in another EU member State
14B.Main proceedings in another member State: approval of undertaking offered by member State insolvency practitioner to local creditors in the UK
PART 2 Sequestration: award and recall
PART 3 Initial stages of sequestration, statutory meeting and trustee vote
PART 4 Trustees and commissioners
61.Procedure in application to Accountant in Bankruptcy under section 60
62.Procedure in application under section 60, or appeal under section 61, to sheriff
64.Accountant in Bankruptcy's intromissions in capacity of original trustee
66.Replacement of trustee acting in more than one sequestration
67.Further provision as regards replacement under section 66
Removal of trustee and appointment of new trustee
70.Removal of trustee other than where trustee is unable to act or should no longer continue to act: general
71.Removal of trustee other than where trustee is unable to act or should no longer continue to act: review, appeal and election of new trustee
72.Removal of trustee where trustee is unable to act or should no longer continue to act: general
73.Removal of trustee where trustee is unable to act or should no longer continue to act: review, appeal and election of new trustee
74.Election or appointment of new trustee by virtue of section 71(6) or 73(1)
75.Further provision as regards election or appointment of new trustee
PART 8 Administration of estate by trustee
PART 10 Claims, dividends and distribution etc.
Procedure after end of accounting period
133.Audit of accounts and determination as to outlays and remuneration payable to trustee
134.Appeal against determination as to outlays and remuneration payable to trustee
135.Further provision as to procedure after end of accounting period
136.Procedure after end of accounting period where Accountant in Bankruptcy is trustee
PART 13 Bankruptcy restrictions orders and interim bankruptcy restrictions orders
PART 14 Voluntary trust deeds for creditors
Removal of protected status where material error or irregularity
Administration, accounting and discharge
180.Information and notification obligations of trustee under protected trust deed
182.Retention of documents by trustee under protected trust deed
183.Remuneration payable to trustee under protected trust deed
184B.Protected trust deed: early discharge in extenuating circumstances
184C.Early discharge in extenuating circumstances: procedure where creditors object
186B.Modification of this Part where Accountant in Bankruptcy becomes trustee in a protected trust deed
PART 16 Accountant in Bankruptcy
208.Trustee's duty to provide certain notices and copies of documents to member State insolvency practitioner
212.Power of Accountant in Bankruptcy to cure defects in procedure
214.Review of decision by Accountant in Bankruptcy: grounds of appeal
221.Outlays of insolvency practitioner in actings as interim trustee or trustee
224.Regulations: applications to Accountant in Bankruptcy etc.
VOLUNTARY TRUST DEEDS FOR CREDITORS
INFORMATION TO BE INCLUDED IN THE SEDERUNT BOOK
1.A copy of the debtor application made under section 2(1)(a)....
4.A copy of the award of sequestration under section 22(1)...
8.Where AiB is appointed interim trustee and the sheriff awards...
10.A copy of an order under section 114(3)(b) or 115(3)(b)...
11.Where the trustee is a replacement trustee appointed under section...
15.Where the trustee is a replacement trustee appointed under section...
16.A copy of an initial proposal for the debtor's contribution...
21.The inventory and valuation of the estate, made up and...
23.The debtor's deposition at an examination subscribed under section 121(6)....
25.An appropriate entry in relation to the production of any...
26.Where the trustee accepts or rejects a claim under section...
28.An agreement or determination in respect of the accounting period...
29.Where the trustee is not AiB, the audited accounts, the...
31.A copy of the certificate deferring discharge where the debtor...
32.Where AiB has acted as trustee, after making the final...
36.The minutes of the meeting referred to in paragraphs 8...
38.Where a meeting of commissioners is called in accordance with...
39.A copy of any decision (including any determination, direction, award,...
40.A copy of any decree, interlocutory decree, direction or order...
MEETINGS OF CREDITORS AND COMMISSIONERS
PART 1 Meetings of creditors other than the statutory meeting
PART 2 All meetings of creditors
PART 3 Meetings of commissioners
26.The trustee— (a) may call a meeting of commissioners at...
27.If the trustee fails to call a meeting of commissioners...
28.The trustee must give the commissioners at least 7 days'...
30.If the commissioners are considering the performance of the functions...
31.The quorum at a meeting of commissioners is one commissioner...
32.Any matter may be agreed by the commissioners without a...
RE-ENACTMENT OF SECTIONS 10 AND 189 OF THE BANKRUPTCY (SCOTLAND) ACT 1913
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