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Accountant in Bankruptcy
Publication - Notes for Guidance

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

First published
1 November 2021
Last updated
2 March 2026 - see all updates
Topic
Bankruptcy

This guidance describes the general functions of Accountant in Bankruptcy, interim trustees, trustees and commissioners in relation to their responsibilities regarding bankruptcies which started on or after 30 November 2016.

Downloadable version

6. Commissioners

This section refers to Part 4 of the Act, section 76 to 77.

New or additional commissioners can be elected at the statutory meeting, or any subsequent meeting of creditors under section 49(7) of the Act. No more than five commissioners shall hold office in a bankruptcy at any one time.

The trustee should ensure creditors are aware of the role and responsibilities of a commissioner before they agree to be put forward for election (see section 16).

First published
Monday, 1 November 2021
Last updated
Monday, 2 March 2026 -
All updates

  1. Update to section 13.16 - A copy of the notification should be uploaded to the relevant account in BASYS within 14 days of issue, together with a certificate of posting to be included in the electronic Sederunt Book

  2. Update to section 7.3 - amendment of act

  3. update to team contact details following delivery branch restructure.

  4. update to section 12.4.1 in relation to council tax.

  5. update to the discharge of debtor - actions of the trustee section.

  6. Update to section 14.3 including the addition of the S147A proforma

  7. Amendment to 8.7.2 Quashing a DCO – review and appeal section

  8. Update to section 14.3 and 14.4

  9. Downloadable word version of the Notes for Guidance to cover the June amendments have been added.

  10. update to section 14.3.

  11. Changes to the following sections: 1.4 1.6 2.5 2.6 5.2 5.6 8.3 8.4 8.6 8.7 8.8 10.3 12.7 12.8 13 13.2 13.6 – 13.17 14 -14.8 16 16.5 18.3

  12. Changes to AiB team names. Sections 12.2.1, 12.3, 12.5, 13.10, 13.13.1, 13.14 amended. Section 13.12.10 added

  13. Supporting document added to website

  14. Published on website

  15. Amended sections 2.2, 12.7.2, 12.8.2, 13.6, 13.9, 13.12, 13.13, 13.14, 16.5, 18.5.1

  16. Published

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