After section 25 of the 1985 Act there shall be inserted the following section—
(1) Where this section applies as mentioned in section 21B(2), 23A(4) or 24(3A) of this Act, the court shall appoint as permanent trustee—
(a) the Accountant in Bankruptcy; or
(b) such person as may be nominated by the Accountant in Bankruptcy (being a person who is not ineligible for election as permanent trustee under section 24(2) of this Act) if that person consents to the nomination.
(2) Where this section applies as mentioned in section 28(5) of this Act, if either of the persons mentioned in paragraphs (a) and (b) of subsection (1) above applies to the sheriff for appointment as permanent trustee, the sheriff shall so appoint such person.
(3) Where a person is appointed to be permanent trustee under this section, the provisions of this Act shall apply to the sequestration subject to such modifications, and with such further provisions, as are set out in Schedule 2 to this Act.”
After section 69 of the 1985 Act there shall be inserted the following section—
The Secretary of State may prescribe—
(a) the fees and outlays to be payable to the Accountant in Bankruptcy in respect of the exercise of any of his functions under this Act;
(b) the time and manner in which such fees and outlays are to be paid; and
(c) the circumstances, if any, in which the Accountant in Bankruptcy may allow exemption from payment or the remission or modification of payment of any fees or outlays payable or paid to him.”
(1) This section applies in the case of any sequestration in respect of which the petition is presented during the period beginning with the day on which this Act is passed and ending with the commencement of section 2 of this Act, being a sequestration to which Schedule 2 to the 1985 Act applies and in respect of which the permanent trustee is entitled to payment of his outlays and remuneration by virtue of paragraph 9 of that Schedule.
(2) In the case of any sequestration to which this section applies, section 53 of the 1985 Act shall apply for the purposes of the determination of the remuneration and outlays of the permanent trustee subject to the provisions of regulations made under this section.
(3) Regulations under this section may prescribe—
(a) the work in respect of which remuneration and outlays may be claimed, including work undertaken while the permanent trustee was acting as interim trustee;
(b) an amount which shall be paid in respect of remuneration and outlays in respect of any sequestration to which this section applies; and
(c) a scale of fees relating to the nature and extent of work undertaken to apply for the purposes of determining the remuneration and outlays in respect of any such sequestration.
(4) Such regulations may enable the Accountant in Bankruptcy, having taken into account the matters mentioned in paragraphs (a) and (b) of section 53(4) of the 1985 Act, to determine whether, in relation to any sequestration to which this section applies, the remuneration and outlays shall be—
(a) the amount mentioned in subsection (3)(b) above; or
(b) determined by reference to the scale mentioned in subsection (3)(c) above.
(5) Section 72 of the 1985 Act shall apply to regulations made under this section as it applies to regulations made under that Act.
(6) A determination by the Accountant in Bankruptcy in pursuance of regulations made under this section may be appealed to the sheriff in accordance with subsection (6) of the said section 53.
(1) There shall be paid into the Consolidated Fund any fees received by the Accountant in Bankruptcy in pursuance of regulations made under section 69A of the 1985 Act.
(2) There shall be paid out of money provided by Parliament—
(a) any fees paid in pursuance of section 1B(4) of the 1985 Act as inserted by section 1(1) of this Act;
(b) any administrative expenses incurred by the Secretary of State under this Act; and
(c) any increase attributable to this Act in the sums so payable under any other Act.
(1) In section 388 of the [1986 c. 45.] Insolvency Act 1986 (meaning of “act as insolvency practitioner”), for subsection (5) there shall be substituted the following subsection—
“(5) Nothing in this section applies to anything done by—
(a) the official receiver; or
(b) the Accountant in Bankruptcy (within the meaning of the Bankruptcy (Scotland) Act 1985).”
(2) In section 389 of that Act (acting without qualification an offence), in subsection (2) at the end there shall be inserted the words “or the Accountant in Bankruptcy (within the meaning of the Bankruptcy (Scotland) Act 1985).”
(3) The 1985 Act shall have effect subject to the amendments in Schedule 1 to this Act.
(4) The enactments mentioned in Schedule 2 to this Act are repealed to the extent mentioned in the third column.
(1) This Act may be cited as the Bankruptcy (Scotland) Act 1993.
(2) Expressions used in this Act and in the 1985 Act shall have the same meaning in this Act as they do in that Act.
(3) The following provisions shall come into force on the day on which this Act is passed, namely—
section 8;
section 9;
this section; and
paragraphs 22(5), 23 and 31(4) and (5) of Schedule 1 and, so far as relating to those paragraphs, section 11.
(4) Subject to subsection (3) above, this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be so appointed for different purposes and for different provisions.
(5) An order under subsection (4) above may contain such transitional provisions and savings as appear to the Secretary of State necessary or expedient in connection with the provisions brought into force (whether wholly or partly) by the order.
(6) Notwithstanding anything in an order made under subsection (4) above, nothing in any provision commenced by such an order shall have effect as regards any sequestration in respect of which the petition is presented before such commencement.
(7) Subject to subsection (8) below, this Act extends to Scotland only.
(8) The amendment by this Act of an enactment which extends to England and Wales or Northern Ireland extends also to England and Wales or, as the case may be, Northern Ireland.