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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.


2.1 Recording a notice with Registers Of Scotland

It is the responsibility of the sheriff court, or AiB, to notify the Keeper of the Register of Inhibitions and Adjudications for recording in that register.

2.1.1 Award by a sheriff

On the sheriff granting warrant upon the presentation of a petition the sheriff clerk must send a certified copy of the Warrant To Cite to the Keeper. A check should be made of the Register of Inhibitions and Adjudications to ensure the order has been registered. If required the trustee should contact the relevant court to request the paperwork is sent for registration immediately.

2.1.2 Award by the Accountant

On awarding bankruptcy on a debtor application the Accountant must send a certified copy of the determination of the application to the Keeper. This role is undertaken by the Bankruptcy Applications and Decisions (BAD) team on behalf of the Accountant. A check of the inhibition tab of the case on BASYS should be made to ensure the order has been registered. If required the trustee should contact the BAD team to request the paperwork is sent for registration immediately.

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