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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.

17.3 Register of Insolvencies

The Register of Insolvencies (the Register) is a formal record of all bankruptcies awarded in Scotland. The Accountant is responsible for updating and maintaining it.

This function can be undertaken on behalf of the Accountant by Insolvency Registration Team, the Adjudication and Supervision Team and the Bankruptcy Restrictions Team.

Information is held for the majority of bankruptcies for the longer period of:

  • one year following the date of discharge of the trustee
  • one year following the recall of a bankruptcy
  • one year after the end date for the period imposed by a Bankruptcy Restriction Undertaking or Bankruptcy Restriction Order

The Register has a free search facility which can be accessed by anyone who has an interest. The details recorded for bankruptcy cases can be found at Appendix A of these notes.

A commercial daily data download service is available and is subscribed to by the main credit reference agencies.

The Accountant will, on request, provide a certified copy of an entry from the ROI.

17.3.1 Changes to the Register

On application the sheriff may, at any time after the bankruptcy has been awarded, transfer the bankruptcy to any other sheriff. The details of any transfer will be shown on the Register.

The transfer may take place when a debtor is no longer living within the jurisdiction of the court where the award was made to allow for any subsequent applications to be made to a more suitable location.

The debtor may, with the permission of the sheriff, appeal to the Sheriff Appeal Court against the transfer.

17.3.2 Information not shown on the Register

If the Accountant is of the opinion the inclusion of information on the Register would be likely to put any person at risk of violence or jeopardise the safety, or welfare, of any person the Accountant can withhold publication.

A request to withhold information can be made at the same time as making a debtor application.

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