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

The supervision team will:

• consider the application submitted by the trustee and where appropriate request further information and or evidence
• take into account any representations made by an interested person within 14 days beginning with the day on which the application is made

If the team are satisfied of the following, they will issue to the trustee who made the application a notice in the prescribed form granting the application:

• the debtor has failed to co-operate with the trustee to such an extent that the trustee is prevented from carrying out the trustee's functions under this Act
• the failure is likely to continue
• the trustee has taken all reasonable steps to secure the debtor’s co-operation

The team will notify the trustee, debtor and creditors of the decision to grant or not grant the application.