- Latest available (Revised)
- Point in Time (01/04/2015)
- Original (As enacted)
Version Superseded: 30/11/2016
Point in time view as at 01/04/2015. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Bankruptcy (Scotland) Act 1985 (repealed), Section 28A is up to date with all changes known to be in force on or before 25 July 2024.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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)This section applies where a trustee acting as such in two or more sequestrations—
(a)dies,
(b)ceases to be qualified to continue to act as trustee by virtue of section 24(2), or
(c)becomes subject to the circumstances mentioned in subsection (2).
(2)The circumstances are that—
(a)there is a conflict of interest affecting the trustee, or
(b)there is a change in the personal circumstances of the trustee,
which prevents, or makes it impracticable for, the trustee to carry out the trustee’s functions.
(3)The Accountant in Bankruptcy may in a case where subsection (1)(b) or (c) applies, determine that the trustee is removed from office in each sequestration in which the trustee has ceased to be qualified.
(4)The Accountant in Bankruptcy may appoint as the trustee in each sequestration in which the former trustee was acting a person—
(a)determined by the Accountant in Bankruptcy, and
(b)who consents to the appointment.
(5)A person may not be appointed under subsection (4) if the person is ineligible for election as a replacement trustee under section 24(2).
(6)If, in relation to any sequestration, the Accountant in Bankruptcy determines that no person is to be appointed under subsection (4), the Accountant in Bankruptcy is deemed to be the trustee in that sequestration.
(7)A determination or appointment under this section may be made—
(a)on the application of any person having an interest, or
(b)without an application, where the Accountant in Bankruptcy proposes to make a determination or appointment of the Accountant in Bankruptcy’s own accord.
(8)The applicant must notify all interested persons where an application is made under subsection (7)(a).
(9)The Accountant in Bankruptcy must notify all interested persons where the Accountant in Bankruptcy proposes to make a determination or appointment by virtue of subsection (7)(b).
(10)A notice under subsection (8) or (9) must inform the recipient that the person has a right to make representations to the Accountant in Bankruptcy in relation to the application or the proposed determination or appointment before the expiry of the period of 14 days beginning with the day on which the notice is given.
(11)Before making a determination or appointment under this section, the Accountant in Bankruptcy must take into account any representations made by an interested person.
(12)The Accountant in Bankruptcy must notify any determination or appointment under this section to—
(a)the former trustee (or in the case where the former trustee has died, the former trustee’s representatives),
(b)the debtor,
(c)the trustee appointed under this section (where the trustee appointed is not the Accountant in Bankruptcy),
(d)each sheriff who awarded sequestration or to whom sequestration was transferred under section 15(2) of this Act.
(13)The trustee appointed under this section—
(a)must notify the determination or appointment under this section to every creditor known to the trustee,
(b)may require—
(i)delivery of all documents relating to each sequestration in which the former trustee was acting which are in the possession of the former trustee or the former trustee’s representatives (other than the former trustee’s accounts),
(ii)delivery of a copy of the former trustee’s accounts,
(iii)the former trustee or the former trustee’s representatives to submit the trustee’s accounts for audit to the commissioners or, if there are no commissioners, to the Accountant in Bankruptcy.
(14)Where the trustee appointed under this section requires submission of the accounts in accordance with subsection (13)(b)(iii), the commissioners or, as the case may be, the Accountant in Bankruptcy must issue a determination fixing the amount of the outlays and remuneration payable to the former trustee or the former trustee’s representatives in accordance with section 53.]
Textual Amendments
F1 Ss. 28A, 28B substituted (1.4.2015) for s. 28A by Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), ss. 29, 57(2); S.S.I. 2014/261, art. 3 (with arts. 4-7, 12) (as amended by S.S.I. 2015/54, art. 2)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: