F19Statutory meeting of creditors and trustee vote
24F1Trustee vote
F21
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
F5None of the following persons shall be eligible for election as F4replacement trustee, nor shall anyone who becomes such a person after having been elected as F4replacement 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;
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.
F73A
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—
a
so notify the Accountant in Bankruptcy; and
b
report the proceedings at the statutory meeting to the sheriff, F17. . . .
F18and he shall continue to act as the trustee.
F74A
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cross-heading preceding s. 21 substituted (S.) (1.4.2008) by virtue of Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 36, 227(3), Sch. 1 para. 19 (with s. 223); S.S.I. 2008/115, art. 3(1)(i) (with arts. 4-6, 10 (as amended (with effect from 31.1.2011) by S.S.I. 2011/31, art. 5))