HC Deb 26 October 1992 vol 212 cc829-30

Amendments made: No. 36, in page 16, line 6 leave out '(2)(a)' and insert '(3)'.

No. 37, in page 17, line 22 at end insert— '. Before section 21 there shall be inserted the following section—

'Statutory meeting. 20A. A meeting of creditors called by the interim trustee under section 21 or 21A of this Act shall, in this Act, be referred to as 'the statutory meeting'.'.

No. 38, in page 17, line 23 at end insert— '( ) In subsection (1) for the words from the beginning to 'statutory meeting')' there shall be substituted the words 'Where the interim trustee is not the Accountant in Bankruptcy he shall call the statutory meeting'.

No. 39, in page 18 leave out lines 1 to 12.

No. 40, in page 18, line 19 at end insert—

'( ) For subsection (1) there shall be substituted the following subsection— '(1) At the statutory meeting, the creditors shall, at the conclusion of the proceedings under section 23(3) of this Act, proceed to the election of the permanent trustee.".

No. 41, in page 18, line 25, leave out `subsection' and insert 'subsections.'.

No. 42, in page 18, line 32, at end insert— '(3B) Where a report is made in pursuance of subsection (3A) above, the Accountant in Bankruptcy may apply to the sheriff for the grant of a certificate for the summary administration of the sequestration of the debtor's estate.'.

No. 43, in page 18, line 36, at end insert—

'( ) After subsection (4) there shall be inserted the following subsection— '(4A) Where a report is made in pursuance of subsection (4) above, the interim trustee may apply to the sheriff for the grant of a certificate for the summary administration of the sequestration of the debtor's estate.'.

No. 44, in page 18, line 38, leave out from beginning to second 'in' and insert—

(1) Section 25 (confirmation of permanent trustee) shall be amended as follows.

(2) After subsection (2) there shall be inserted the following subsection— (2A) Where a report is made in pursuance of subsection (1) above, the interim trustee may apply to the sheriff for the grant of a certificate for the summary administration of the sequestration of the debtor's estate.".

No. 46, in page 25, leave out lines 10 to 16 and insert 'for the words 'section 21(1)' there shall be substituted the words 'section 20A'.

No. 47, in page 27, line 43, after '9' insert—

'(a)'.

No. 48, in page 27, line 45, at end insert— '(b) after sub-paragraph (1) there shall be inserted the following sub-paragraph— (1A) Where the offer of composition is approved and the permanent trustee is the Accountant in Bankruptcy, the permanent trustee shall prepare accounts of his intromissions with the debtor's estate and he shall make a determination of his fees and outlays calculated in accordance with regulations made under section 69A of this Act'.; (c) after sub-paragraph (2) there shall be inserted the following sub-paragraph— (3) Subsections (2), (3), (4), (5), and (10) of section 53 of this Act as adapted by paragraph 9(2) and (3) of Schedule 2 to this Act shall apply, subject to any necessary modifications, in respect of the accounts and determination prepared under sub-paragraph (1A) above as they apply in respect of the accounts and determination prepared under the said section 53 as so adapted.".'.—[Lord James Douglas-Hamilton.]

Forward to