Bankruptcy (Scotland) Act 1985 (repealed)

Election, resignation and removal of commissioners S

30 Election, resignation and removal of commissioners. S

(1) At the statutory meeting or any subsequent meeting of creditors, the creditors (other than any such person as is mentioned in section 24(3) of this Act) may, from among the creditors or their mandatories, elect one or more commissioners (or new or additional commissioners); but not more than 5 commissioners shall hold office in any sequestration at any one time.

(2) None of the following persons shall be eligible for election as a commissioner, nor shall anyone who becomes such a person after having been elected as a commissioner be entitled to continue to act as a commissioner—

(a) any person mentioned in paragraph (a) or (c) of section 24(2) of this Act as not being eligible for election;

(b) a person who is an associate of the debtor or of the permanent trustee.

(3) A commissioner may resign office at any time.

(4) Without prejudice to section [F1 1A(2)] of this Act, a commissioner may be removed from office—

(a) if he is a mandatory of a creditor, by the creditor recalling the mandate and intimating in writing its recall to the permanent trustee;

(b) by the creditors (other than any such person as is mentioned in section 24(3) of this Act) at a meeting called for the purpose.

Textual Amendments

F1 Words in s. 30(4) substituted (1.4.1993, subject to savings in arts. 4, 5 of S.I. 1993/438) by 1993 c. 6, s. 11(3), Sch. 1 para.19 (with s. 12(6)); S.I. 1993/438, art.3

Modifications etc. (not altering text)

C1 S. 30 modified (9.6.1997) by 1986 c. 53, s. 27A(3)(c) (as inserted (9.6.1997) by 1995 c. 26, s. 43, Sch. 7 para. 8; S.I. 1997/1427, art. 2(k)(n)(i))