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

At least eight weeks before the end of the first accounting period a trustee may apply to the sheriff for an order for the public examination of the debtor, the debtor’s spouse or any other person who can give information relating to the debtor’s assets, their business or financial affairs under section 119(1) of the Act.

A sheriff must grant a competently presented application for public examination.

Penalties are provided for non-compliance with the sheriff’s order under section 119(8) of the Act.

11.2.1 Actions of the trustee

The trustee must:

• send a copy of the notice to every known creditor
• send a copy to the debtor when the order is in respect of a relevant person. The intimation from the trustee shall inform the recipient of their right to participate in the examination, under section 119(6) of the Act
• upload a Form 24 of The Regulations to BASYS.

11.2.2 Actions of the Accountant

The TS team shall enter particulars of the notice in the Register of Insolvencies on behalf of the Accountant.

11.2.3 Conduct of examination

The conduct of the examination, which is held in open court, is regulated by section 121 of the Act. The examination can be conducted by the trustee or a solicitor appointed by the trustee.

A copy of the record of the public examination must be uploaded to BASYS under section 121(7) of the Act.