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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.
2.7 Effect of recall on a Bankruptcy Restrictions Order
A Bankruptcy Restrictions Order (BRO) can be revoked on the recall of a bankruptcy.
2.7.1 Recall by the sheriff
If an award of bankruptcy has been recalled by the court the sheriff may revoke any BRO, or interim BRO, which is in force, and no further BRO can be applied for.
If the sheriff refuses to revoke a BRO or interim BRO the debtor may, no later than 28 days after the date of the recall, appeal to the Sheriff Appeal Court against a refusal. The Sheriff Appeal Court’s decision is final.
2.7.2 Recall by the Accountant
If an award of bankruptcy has been recalled by the Accountant they can revoke a BRO, or interim BRO, which is in force and cannot make any new applications for BRO.
When the Accountant refuses to revoke a BRO, or interim BRO, the debtor may apply to the Accountant’s independent review team.
An application must be received before the expiry of 14 days from the date of the recall was made by the Accountant.
The team must take into consideration any submissions made by any interested person before the expiry of 21 days from the date the application.
The outcome of the review to confirm, revoke or amend the BRO, or interim BRO, before the expiry of 28 days from the date the application for review was made.
The debtor may appeal the review decision to the sheriff before the expiry of 14 days from the date the review decision, determination or requirement was made. The sheriff’s decision is final.