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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.


17.1 Supervisory functions

The Accountant will charge a fee for this role and an invoice will be issued to the trustee each year on the anniversary of the award of the bankruptcy and for any part year on the discharge of the trustee. The fee to be applied can be found in The Fees Order.

This function is undertaken by the Accounts Team and AST on behalf of the Accountant.

They will carry out this role by:

  • monitoring the documentation provided by the trustee to ensure:
    • compliance with any timescale within the Act
    • all relevant information is being provided to the required party
    • the trustee is carrying out their duties in accordance with the Act, regulations and any other guidance issued by AiB
  • recording information using BASYS and monitoring:
    • realisation of assets
    • variation, quashing and compliance with Debtor Contribution Order
    • remuneration and outlays of the trustee
    • compliance with any timescale within the Act
    • the trustee is carrying out their duties in accordance with the Act, regulations and any other guidance issued by the agency 

When it is considered necessary AST will issue a direction to a trustee under section 109(2) of the Act. If the trustee fails, without reasonable cause, to follow the direction AST will consider an application to the sheriff under section 50(7) of the Act. The sheriff may confirm, revoke, modify the decision in question, confirm or annul the decision in question, give the trustee directions or make such order as the sheriff thinks fit.

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