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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.

16.8 Application for a BRO to the Accountant

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
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