F7Statutory meeting of creditors and trustee vote
27F1Discharge of original trustee
1
On receiving a copy of the Accountant in Bankruptcy’s determination sent under subsection (3)(b)(i) of section 26 of this Act the F2original trustee may apply to him for a certificate of discharge.
2
The F2original trustee shall send notice of an application under subsection (1) above to the debtor F3, to all creditors known to the original trustee and to the F4replacement trustee and shall inform the debtor—
a
that he, the F4replacement trustee or any creditor may make written representations relating to the application to the Accountant in Bankruptcy within a period of 14 days after such notification;
b
c
of the effect mentioned in subsection (5) below.
3
On the expiry of the period mentioned in subsection (2)(a) above the Accountant in Bankruptcy, after considering any representations duly made to him, shall—
a
grant or refuse to grant the certificate of discharge; and
4
The F2original trustee, the F4replacement trustee, the debtor or any creditor who has made representations under subsection (2)(a) above may, within 14 days after the issuing of the determination under subsection (3) above, appeal therefrom to the sheriff and if the sheriff determines that a certificate of discharge which has been refused should be granted he shall order the Accountant in Bankruptcy to grant it; and the sheriff clerk shall send a copy of the decree of the sheriff to the Accountant in Bankruptcy.
F54A
The decision of the sheriff in an appeal under subsection (4) above shall be final.
5
The grant of a certificate of discharge under this section by the Accountant in Bankruptcy shall have the effect of discharging the F2original trustee from all liability (other than any liability arising from fraud) to the creditors or to the debtor in respect of any act or omission of the F2original trustee in exercising the functions conferred on him by this Act.
6
Where a certificate of discharge is granted under this section, the F4replacement trustee shall make an appropriate entry in the sederunt book.
7
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F57A
This section does not apply in any case where the Accountant in Bankruptcy is the F2original trustee.
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))