F12Replacement of trustee
28F1Resignation and death of trustee
F21
The F3. . . trustee may apply to the F4Accountant in Bankruptcy for authority to resign office and, where the F4Accountant in Bankruptcy is satisfied that F5 the trustee—
a
is unable to act (whether by, under or by virtue of a provision of this Act or from any other cause whatsoever); or
b
has so conducted himself that he should no longer continue to act,
the Accountant in Bankruptcy shall grant the application.
1A
2
a
3
Where the commissioners become, or if there are no commissioners the Accountant in Bankruptcy becomes, aware that the F3. . . trustee has died, they or as the case may be the Accountant in Bankruptcy shall as soon as practicable after becoming so aware call a meeting of creditors for the election by the creditors of a new F3. . . trustee.
4
The foregoing provisions of this Act relating to the election F7of a replacement trustee and the appointment of thatF3. . . trustee shall, subject to any necessary modifications, apply in relation to the election and F8appointment of a new F3. . . trustee in pursuance of subsection (1), F9(1A), (2) or (3) above.
F105
Where no new F3. . . trustee is elected in pursuance of subsection (2) or (3) above
F11a
the Accountant in Bankruptcy; or
b
such person as may be nominated by the Accountant in Bankruptcy (being a person who is not ineligible for election as replacement trustee under section 24(2) of this Act) if that person consents to the nomination,
may apply to the sheriff for appointment as trustee in the sequestration; and, on such application, the sheriff shall make an order so appointing the Accountant in Bankruptcy or, as the case may be, the person nominated by him.
6
The new F3. . . trustee may require—
a
delivery to him of all documents relating to the sequestration in the possession of the former trustee or his representatives, except the former trustee’s accounts of which he shall be entitled to delivery of only a copy;
b
the former trustee or his representatives to submit the trustee’s accounts for audit to the commissioners or, if there are no commissioners, to the Accountant in Bankruptcy, and the commissioners or the Accountant in Bankruptcy shall issue a determination fixing the amount of the outlays and remuneration payable to the trustee or representatives in accordance with section 53 of this Act.
7
The former trustee or his representatives, the new F3. . . trustee, the debtor or any creditor may appeal against a determination issued under subsection (6)(b) above within 14 days after it is issued—
a
where it is a determination of the commissioners, to the Accountant in Bankruptcy; and
b
where it is a determination of the Accountant in Bankruptcy, to the sheriff;
and the determination of the Accountant in Bankruptcy under paragraph (a) above shall be appealable to the sheriff.
F98
The decision of the sheriff on an appeal under subsection (7) above shall be final.
Cross-heading preceding s. 28 substituted (1.4.2008) by virtue of Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 36, 227(3), Sch. 1 para. 28(6) (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))