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Bankruptcy (Scotland) Act 1993
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17(1)Section 28 (resignation and death of permanent trustee) shall be amended as follows.
(2)For subsection (1) there shall be substituted the following subsections—
“(1)The permanent trustee may apply to the sheriff for authority to resign office and, where the sheriff is satisfied that either of the grounds mentioned in paragraphs (a) and (b) of section 13(2) of this Act applies to the permanent trustee, he shall grant the application.
(1A)The sheriff may make the granting of an application under subsection (1) above subject to the election of a new permanent trustee and to such conditions as he thinks appropriate in all the circumstances of the case.”
(3)In subsection (4), after the words “subsection (1),” there shall be inserted the word “(1A),”.
(4)For subsection (5) there shall be substituted the following subsection—
“(5)Where no new permanent trustee is elected in pursuance of subsection (2) or (3) above, the provisions of section 25A of this Act shall apply.”
(5)After subsection (7) there shall be inserted the following subsection—
“(8)The decision of the sheriff on an appeal under subsection (7) above shall be final.”
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