The Bankruptcy (Applications and Decisions) (Scotland) Regulations 2016

Application form: first instance applications to the Accountant in Bankruptcy S

5.—(1) An application to AiB under the following provisions of the Act must be made in writing in Form 1 (application to the Accountant in Bankruptcy: general)—

(a) section 31(1) (recall of sequestration: where the only ground is that the debtor has paid or is able to pay debts in full);

(b) section 60(3)(a) (objection to election of replacement trustee);

(c) section 66(7)(a) (trustee replacement in more than one sequestration);

(d) section 70(2)(a) (removal of trustee);

(e) section 72(3)(a) (declaration of office of trustee as vacant);

(f) section 110(4)(b) (contractual powers of trustee);

(g) section 159(3) (revocation or variation of bankruptcy restrictions order);

(h) section 212(2)(a) (power of Accountant in Bankruptcy to cure defects in procedure); and

(i) paragraph 3(3)(b) of schedule 2 (valuing contingent debts).

(2) Form 1 must also be used (where AiB is the applicant or trustee) for—

(a) representations under section 66(10) of the Act (trustee replacement in more than one sequestration); and

(b) representations under section 212(5) of the Act (curing defect in procedure).

Commencement Information

I1 Reg. 5 in force at 30.11.2016, see reg. 1(2)