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

The Accountant can impose a BRO for a period between two and four years eleven months.

16.8.1 Actions of the BAI team

The BAI team will notify the debtor of the intention to impose a BRO providing the following:

• the grounds that were investigated
• details of the behaviour
• the period the BRO will be imposed for
• the right to make written representations within 14 days of the notification

16.8.2 Actions of the Accountant

Upon the expiry of the representation period the Accountant must within seven days:

• consider the evidence
• consider any representation
• make a decision to take no further action or impose a BRO for a period of under five years

The BAI team will notify the debtor and the trustee of the decision and if appropriate:

• issue a copy of the Order to the debtor detailing the start and end date of the restrictions
• make the relevant entry on the Register of Insolvencies
• issue an invoice to the trustee. The fee to be applied can be found in The Fees Order