Bankruptcy (Scotland) Act 1985 (repealed)

7In section 39 [F1, subsection (1) shall not have effect where the permanent trustee is the Accountant in Bankruptcy and]

(a)in subsection (1), the reference to the permanent trustee’s confirmation in office shall be construed as a reference to his receiving the act and warrant issued under paragraph 2(2) of this Schedule;

[F2(b)in subsection (2) the words “but if there are commissioners only with the consent of the commissioners, the creditors or the court” shall not have effect, and—

(i)if the permanent trustee is the Accountant in Bankruptcy, no consent shall be required for the actings mentioned in that subsection; and

(ii)in any other case, the consent of the Accountant in Bankruptcy shall be required for such actings.]

Textual Amendments

F1Words in Sch. 2 para. 7 inserted (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(7)(a) (with s. 12(6)); S.I. 1993/438, art.3

F2Sch. 2 para. 7(b) 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(7)(b) (with s. 12(6)); S.I. 1993/438, art.3