§ 5 Clause 3, page 4, line 29, leave out 'information in his possession which leads him' and insert 'reasonable grounds'.
§ 18 Clause 10, page 10, line 34, after 'shall', insert 'as soon as possible'.
§ 30 Clause 15, page 15, line 25, leave out 'send'.
§ 31 Page 15, line 26, after '(a)' insert 'on the final determination or abandonment of any appeal under subsection (3) above in relation to the petition, or if there is no such appeal on the expiry of the 14 days mentioned in that subsection, send'.
§ 32 Page 15, line 29, after '(b)', insert 'forthwith send'.
§ 33 Page 15, line 38, after 'learns', insert ', whether before or after the date of sequestration,'.
§ 34 Page 15, line 39, leave out from second 'as' to end of line 41 and insert 'practicable after that date inform—
- (a) the permanent trustee or, if the permanent trustee has not yet been elected or appointed, the interim trustee of that fact; and
- (b) the person who is administering that other estate of the sequestration.'.
§ 45 Clause 21, page 21, line 22, after 'of', insert 'the award of'.
§ 49 Clause 26, page 26, line 19, leave out 'On' and insert 'Within 3 months of the'.
§ 50 Page 26, line 20, after 'shall' insert '—(a)'.
§ 51 Page 26, line 21, leave out '(a)' and insert '(i)'.
§ 52 Page 26, line 23, leave out '(b)' and insert '(ii)'.
§
53 Page 26, line 24, at end insert—
'; and
§ 54 Page 26, line 26, after 'Bankruptcy', insert '—(a)'.
§ 55 Page 26, line 27, leave out '(a)' and insert '(i)'.
§ 56 Page 26, line 28, leave out '(b)' and insert '(ii)'.
§
57 Page 26, line 29, at end insert—
'; and
§ 58 Page 26, line 30, after 'trustee,', insert 'the permanent trustee.'.
§ 59 Page 26, line 32, leave out '(b)' and insert '(a)(ii)'.
§ 65 Clause 27, page 28, line 9, after 'representatives,', insert the new permanent trustee,'.
§ 114 Clause 46, page 48, line 25, at end insert '; and shall at the same time make a decision on any matter requiring to be specified under paragraph (a) or (b) of subsection (5) below'.
§ 176 Schedule 2, page 72, line 39, after second 'of', insert 'both the interim trustee and'.
§ These amendments are all related, in various ways, to the functions of the interim trustee and permanent trustee. I should like to draw particular attention to two amendments in this group. Amendment No. 5 has the effect of requiring the permanent trustee to report offences to the accountant in bankruptcy only if he has reasonable grounds for suspecting that an offence has been committed. As the Bill was previously drafted, a permanent trustee was required to do so if he had information which led him to suspect an offence. The Institute of Chartered Accountants of Scotland 647 pointed out, however, that this might have required insolvency practitioners to report matters which were not capable of pursuit and would therefore have been wasteful of resources. This amendment, and the similar amendment relating to the accountant in bankruptcy in Amendment No. 2, therefore restores the position to that under the 1913 Act, which this Bill would supersede.
§ The most important amendment in this group is probably No. 176. This makes it clear that it is only where, and to the extent that, the outlays and remuneration of both the interim and permanent trustees cannot be met out of the debtor's estate that they are to be paid out of public funds. As the Bill was originally drafted, it was not clear whether the outlays and remuneration of both the interim and permanent trustees could also be paid out of public funds. This amendment is to clarify the matter. I beg to move.
§ Moved, That this House do agree with the Commons in the said amendment—(Lord Cameron of Lochbroom.)
§ On Question, Motion agreed to.