Award of sequestration and appointment and resignation of interim trustee

15 Further provisions relating to award of sequestration.

1

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

The F2sheriff may at any time after sequestration has been awarded, on application being made to F3him and subject to subsection (2A) below, transfer the sequestration F4. . . to any other sheriff.

F52A

The debtor may, with leave of the sheriff, appeal to the sheriff principal against a transfer under subsection (2) above.

3

Where the F6sheriff makes an order refusing to award sequestration, the petitioner F7. . . may appeal against the order within 14 days of the date of making of the order.

F83A

Where the Accountant in Bankruptcy, on determining a debtor application, refuses to award sequestration, the debtor or a creditor concurring in the application may appeal against such a determination within 14 days of it being made to the sheriff.

4

Without prejudice to any right to bring an action of reduction of an award of sequestration, such an award shall not be subject to review otherwise than by recall under sections 16 and 17 of this Act.

5

Where a petition for sequestration is presented by a creditor or a trustee acting under a trust deed, the F9sheriff clerk shall—

a

on the final determination or abandonment of any appeal under subsection (3) above in relation to the petition, or if there is no such appeal on the expiry of the 14 days mentioned in that subsection, send a certified copy of an order refusing to award sequestration to the keeper of the register of inhibitions and adjudications for recording in that register;

F10b

forthwith send a copy of the order refusing or awarding sequestration—

i

to the Accountant in Bankruptcy; and

ii

where the debtor is taking part in a debt payment programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002, to the DAS Administrator (as defined in regulation 2(1) of the Debt Arrangement Scheme (Scotland) Regulations 2011).

6

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

Where sequestration has been awarded, the process of sequestration shall not fall asleep.

8

Where a debtor learns, whether before or after the date of sequestration, that he may derive benefit from another estate, he shall as soon as practicable after that date inform—

a

the F12. . . trustee of that fact; and

b

the person who is administering that other estate of the sequestration.

9

If the debtor fails to comply with subsection (8) above, he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.