Bankruptcy (Scotland) Act 1985 (repealed)

Changes over time for: Section 24

Version Superseded: 30/11/2016

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Point in time view as at 08/12/2014. This version of this provision has been superseded.

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Bankruptcy (Scotland) Act 1985 (repealed), Section 24 is up to date with all changes known to be in force on or before 04 December 2024.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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24[F1Trustee vote]S

F2[(1)At the statutory meeting, the creditors shall, at the conclusion of the proceedings under section 23(3) of this Act, proceed to [F3a vote at which they shall—

(a)confirm the appointment of the trustee appointed under section 2 of this Act (referred to in this section and in sections 25 to 27 of this Act as the “original trustee”); or

(b)elect another person as the trustee in the sequestration (referred to in this section and in sections 13 and 25 to 29 of this Act as the “replacement trustee”),

such a vote being referred to in this Act as a “trustee vote”] .]

(2)F4None of the following persons shall be eligible for election as [F5replacement] trustee, nor shall anyone who becomes such a person after having been elected as [F5replacement] trustee be qualified to continue to act as . . . trustee—

(a)the debtor;

(b)a person who is not qualified to act as an insolvency practitioner or who, though qualified to act as an insolvency practitioner, is not qualified to act as such in relation to the debtor;

(c)a person who holds an interest opposed to the general interests of the creditors;

(d)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7[(e)a person who has not given an undertaking, in writing, to act as F4. . . trustee;

(f)the Accountant in Bankruptcy.]

(3)The following persons shall not be entitled to vote in the [F8trustee vote]—

(a)anyone acquiring a debt due by the debtor, otherwise than by succession, after the date of sequestration;

(b)any creditor to the extent that his debt is a postponed debt.

F7[(3A)In any case where the Accountant in Bankruptcy is the [F9original] trustee, if—

(a)no creditor entitled to vote in the [F10trustee vote] attends the statutory meeting; or

(b)no [F11replacement] trustee is elected,

the Accountant in Bankruptcy shall forthwith report the proceedings at the statutory meeting to the sheriff and [F12shall continue to act as the trustee] .

(3B)F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(4)[F7In any case where the Accountant in Bankruptcy is not the [F14original] trustee,] if no creditor entitled to vote in the [F15trustee vote] attends the statutory meeting or if no [F16replacement] trustee is elected, the [F14original] trustee shall forthwith—