Regulation 23 Appeals

(1)

Subject to paragraph (3), the trustee under a protected trust deed or the debtor or any creditor may appeal to the sheriff by way of summary application against–

(a)

any determination by the Accountant fixing the remuneration payable to the trustee; or

(b)

any direction by the Accountant to the trustee as to the conduct of the administration of the trust deed.

(2)

Subject to paragraph (3)–

(a)

the debtor under a protected trust deed may appeal to the sheriff by way of summary application against a refusal of the trustee to grant the debtor’s discharge in terms of regulation 19; and

(b)

the trustee under a protected trust deed may appeal to the sheriff by way of summary application against a refusal of creditors to grant the trustee’s discharge in terms of regulation 21.

(3)

For the purposes of paragraphs (1) and (2) the sheriff to whom an appeal is to be made will be the sheriff to whom a petition for sequestration would have been brought in respect of the debtor in terms of sections 9(1) and (2) of the Act at the date the trust deed was granted.

(4)

A debtor or creditor may appeal under paragraph (1) if, but only if, able to satisfy the sheriff that he or she has, or is likely to have, a pecuniary interest in the outcome of the appeal.

(5)

An appeal under paragraph (1) must be lodged no later than 14 days after the date on which the Accountant issues the determination or direction which is the subject of the appeal.

(6)

The decision of the sheriff on an appeal under paragraph (1) or (2) is final.