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

As the restrictions imposed by a BRO are stringent the application will need to satisfy the Accountant the allegations are both accurate and supported by evidence.

The application should be submitted using BASYS together with all supporting documentary evidence including:

• transcript of an interview with the debtor
• written statements from creditors or other potential witnesses
• supporting documents and statements from relevant persons or organisations
• list of creditors, if not already attached to the case
• a copy of the supplementary questionnaire, if not already attached to the case

In cases where the only ground is non co-operation of the debtor, before submitting a BRI application to AiB for this ground, it is expected that the trustee will have used all avenues available to them within the legislation to obtain debtor co-operation. This includes obtaining a court order under Section 215 of The Act.

If the debtor fails to comply with the court order, the trustee should consider submitting a BRI application, via BASYS, enclosing all evidence, including a copy of the Section 215 order, for consideration. If a Section 215 order is not included with a BRI application, no investigation will be taken forward.