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Bankruptcy (Scotland) Act 1985 (repealed), Paragraph 4 is up to date with all changes known to be in force on or before 05 December 2024.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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[F14(1)Section 29 shall have effect as follows.
(2)Where the permanent trustee is the Accountant in Bankruptcy, subsections (1) to (6) shall not have effect.
(3)In any other case—
(a)subsection (5) shall not have effect but sub-paragraph (2) of paragraph 3 above shall apply where the permanent trustee has been removed from office under subsection (1)(b) of section 29 of this Act or following an appeal under subsection (4) of that section as that sub-paragraph applies where he resigns or dies; and
(b)subsection (6) shall have effect as if for the words from “(b)” to the end there were substituted the words—
”(b)appoint as permanent trustee—
(i)the Accountant in Bankruptcy; or
(ii)such person as may be nominated by the Accountant in Bankruptcy (being a person who is not ineligible for election as permanent trustee under section 24(2) of this Act) if that person consents to the nomination.”
(4)In every case—
(a)subsection (7) shall not have effect; and
(b)subsection (8) shall have effect as if for the word “(5)” there were substituted the word “(6)”.]
Textual Amendments
F1Sch. 2 para. 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. 30(5) (with s. 12(6)); S.I. 1993/438, art.3
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