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

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.

10.9 Re-direction of mail

The attention of trustees is drawn to the decision of the European Court of Human Rights in the case of Foxley v The United Kingdom.

Whilst mail may be opened this can only be done so with the consent of the debtor, or the sheriff. See also Donna McKenzie Skene on Bankruptcy, at Part 12-19.

Correspondence marked as being from the debtor’s legal advisers, or is otherwise apparently privileged material, should not be opened.

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