Miscellaneous and supplementary

64 Debtor to co-operate with permanent trustee.

1

The debtor shall take every practicable step, and in particular shall execute any document, which may be necessary to enable the permanent trustee to perform the functions conferred on him by this Act.

2

If the sheriff, on the application of the permanent trustee, is satisfied that the debtor has failed—

a

to execute any document in compliance with subsection (1) above, he may authorise the sheriff clerk to do so; and the execution of a document by the sheriff clerk under this paragraph shall have the like force and effect in all respects as if the document had been executed by the debtor;

b

to comply in any other respect with subsection (1) above, he may order the debtor to do so.

3

If the debtor fails to comply with an order of the sheriff under subsection (2) above, he shall be guilty of an offence.

4

In this section “debtor” includes a debtor discharged under this Act.

5

A person convicted of an offence under subsection (3) above shall be liable—

a

on summary conviction, to a fine not exceeding the statutory maximum or—

i

to imprisonment for a term not exceeding 3 months; or

ii

if he has previously been convicted of an offence inferring dishonest appropriation of property or an attempt at such appropriation, to imprisonment for a term not exceeding 6 months,

or (in the case of either sub-paragraph) to both such fine and such imprisonment; or

b

on conviction on indictment to a fine or to imprisonment for a term not exceeding 2 years or to both.