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Accountant in Bankruptcy

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Publication - Notes for Guidance

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

First published
1 November 2021
Last updated
19 June 2024 - 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.

Supporting documents

1.3 The Accountant in Bankruptcy – general functions

The Accountant in Bankruptcy will act as trustee in the following
circumstances:

  • in all bankruptcies when the court does not appoint a person to be
    trustee (section 51(7) of the Act refers)
  • in all bankruptcies awarded by the Accountant, when the Accountant does not appoint a person to be the trustee (section 51(12) of the Act refers)
  • when appointed by the court, will act as interim trustee in a bankruptcy (section 54(2) of the Act refers)
  • on the resignation, or death, of the original trustee when no
    replacement trustee is elected or appointed (sections 69(6)(a) and
    66(2)(b) of the Act refers)
First published
Monday, 1 November 2021
Last updated
Wednesday, 19 June 2024 -
All updates

  1. 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

  2. Supporting document added to website

  3. Published on website

  4. 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

  5. Published

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