Notes for Guidance - Bankruptcy (Scotland) Act 2016 (as amended)
- First published
- 1 November 2021
- Last updated
- 13 August 2025 - see all updates
- Topic
- Bankruptcy
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.
19.4 Discretionary powers of commissioners
Commissioners are given specific discretionary powers in the exercise of their functions.
The attention of the commissioners is directed to the terms of the Act for other discretionary powers and AST can advise commissioners on any matter included in, or omitted, from these notes.
The following list is not exhaustive, however, the undernoted are most likely to be undertaken by commissioners in matters arising in the administration of a normal bankruptcy.
19.4.1 Offer advice to the trustee
See section 7, section 8, section 9 and section 10 for further information.
19.4.2 Require an application to the sheriff for a public examination
See section 11 for further information
19.4.3 Dispense with taxation of a legal account
See section 13.12.2 for further information.
19.4.4 Consent to the trustee referring to arbitration
See section 18.4 for further information.
19.4.5 Consent to the trustee compromising any claim
See section 18.4 for further information.
19.4.6 Require the trustee to call a meeting of creditors
See section 18.5 of these notes for further information.
19.4.7 Require the trustee to call a meeting of commissioners
See section 18.5 for further information.
19.4.8 Call a meeting of commissioners if the trustee fails to do
See section 18.5 for further information.
19.4.9 Authorise payment the preferred debts
Section 131(3)(b) of the Act applies.
19.4.10 Consent to postponement of payment of a dividend
Section 131(4) of the Act applies.
19.4.11 Apply to the sheriff for direction
Section 109(2)(b) of the Act applies.
- First published
- Monday, 1 November 2021
- Last updated
- Wednesday, 13 August 2025 - show all updates
- All updates
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Update to section 14.3 and 14.4
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Downloadable word version of the Notes for Guidance to cover the June amendments have been added.
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update to section 14.3.
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Changes to the following sections: 1.4 1.6 2.5 2.6 5.2 5.6 8.3 8.4 8.6 8.7 8.8 10.3 12.7 12.8 13 13.2 13.6 – 13.17 14 -14.8 16 16.5 18.3
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Changes to AiB team names. Sections 12.2.1, 12.3, 12.5, 13.10, 13.13.1, 13.14 amended. Section 13.12.10 added
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Supporting document added to website
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Published on website
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Amended sections 2.2, 12.7.2, 12.8.2, 13.6, 13.9, 13.12, 13.13, 13.14, 16.5, 18.5.1
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Published
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