Notes for Guidance - Protected Trust Deeds - Bankruptcy (Scotland) Act 2016

Accountant in Bankruptcy (The Accountant) is a statutory officer appointed by the Scottish Ministers under Section 1 of the Bankruptcy (Scotland) Act 2016 (the “2016 Act”).

The Accountant is independent as regards the exercise of their statutory functions, although their directions and determinations can generally be appealed to a sheriff. Scottish Ministers, after consultation with the Lord President of the Court of Session, may give the Accountant general directions as to the performance of their functions in relation to all bankruptcies and PTDs, but they may not give directions in respect of any particular case.

The Accountant may employ members of their staff to carry out administrative functions on their behalf. The Accountant’s staff will be referred to as AiB, throughout these notes.

The Accountant also provides Notes for Guidance - Bankruptcy. This document is an additional set of notes dealing specifically with matters affecting trustees under PTDs.