Notes for Guidance - Bankruptcy (Scotland) Act 2016 (as amended)

This section refers to Part 4 of the Act, section 60 to 75.

This role is undertaken by the Adjudication and Supervision Team (AST) on behalf of the Accountant.

A trustee can be replaced by:

• a vote at a statutory meeting
• appointment by the Accountant when the original trustee in more than one bankruptcy applies to the Accountant to resign or dies
• a vote at a meeting convened for this purpose following an application to the Accountant for the resignation of the original trustee or following the death of a trustee in one bankruptcy
• appointment by the Accountant following an application to the Accountant for the resignation of the original trustee, or following the death of a trustee when no replacement trustee was elected at a meeting convened for this purpose
• a vote by the creditors at a meeting called for the purpose, if they also elect a new trustee
• order of the Accountant either following an application by commissioners, or a person representing not less than one quarter value, or when the Accountant is satisfied, on the basis of the circumstances there are reasons to remove the trustee from office
• declaration of the Accountant that the office of trustee has become vacant when the trustee is unable to act or should no longer continue to act