Paragraph 10 Application to vary or recall an order made under section 32(2) of the Act of 1985

An application under section 32(4) of the Act of 1985 (variation or recall of an order made under section 32(2)) shall be by note in the bankruptcy process, and shall be in Form 10.

An application under paragraph (1) above shall be intimated by the applicant to the debtor and, or, the permanent trustee as the case may be.

Where the debtor or the permanent trustee intends to object to the application, he shall lodge answers with the sheriff clerk within 14 days after the date of intimation in accordance with paragraph (2) above.

Where answers are lodged, the sheriff may fix a hearing to take place not less than 14 days after intimation of the application or may, at any time, after the period of 14 days, determine the application by way of affidavits or otherwise as he thinks fit.

Where no answers are lodged, the sheriff may fix a hearing or determine the application in chambers without the attendance of the applicant.

Where the sheriff determines an application in chambers in accordance with paragraphs (4) or (5) above, the sheriff clerk shall intimate the decision of the sheriff to the applicant and the respondent.