beta This is a new service. Your feedback will help us to improve it.

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.


Appendix C – List of sederunt book documents

  • a copy of a debtor application made under section 2(1)(a)
  • a copy of a petition presented under section 2(1)(b)
  • a copy of an award of sequestration grated under section 22(1) or (3)
  • a copy of a warrant to cite the debtor granted under section 22(3) and (4)
  • a copy of any
    • the audited accounts sent to the trustee by the Accountant in Bankruptcy in accordance with section 56(5)(d)
    • the determination fixing the amount of the outlays and remuneration payable to the interim trustee sent to the trustee by the Accountant in Bankruptcy in accordance with section 56(5)(d)
  • a copy of any
    • order recalling or refusing to recall an award of sequestration by the sheriff under section 30 and sent to the trustee under section 30(9)(b)(ii)
    • grant or refusal to grant a recall of an award of sequestration under section 34(1), 35(6) or
  • a copy of any order under section 114(3)(b) or 115(3)(b) sent to the trustee under section 30(9)(b)
  • where the trustee is a replacement trustee appointed under section 60 and the Accountant in Bankruptcy was not the original trustee:
    • copy of any determination fixing the amount of the outlays and remuneration payable to the original trustee and of the original trustee's audited accounts which is sent to the trustee under section 63(5)(c)(ii)
    • upon appointment, such information as is appropriate to provide a record of the sequestration process before the trustee's appointment as replacement trustee (except that no entry is to be made in relation to any written comments made by the original trustee under section 42(2))
    • an entry recording any certificate of discharge issued to the original trustee under section
  • a copy of a statement of assets and liabilities sent to the trustee under section 41(1) or (2)
  • a copy of a notice given under section 44(3)
  • a copy of a report made under section 45(1)
  • where the trustee is a replacement trustee appointed under section 60 and the Accountant in Bankruptcy was the original trustee, upon appointment, such information as is appropriate to provide a record of the sequestration process before the trustee's appointment as replacement trustee
  • a copy of any initial proposal for the debtor's contribution provided by the trustee under section 90(1)(b)
  • a copy of a debtor contribution order applying to the debtor
  • a copy of any decree issued under section 98 affecting the sequestrated estate
  • a copy of any decree of recall issued following an application under section 100(2)
  • a copy of any decree issued under section 99 affecting the sequestrated estate
  • the inventory and valuation of the estate made up and maintained in accordance with section 108(1)(b)
  • a copy of an account given by the debtor under section 116(2)
  • the debtor's deposition at an examination subscribed under section 121(6)
  • a copy of the record of an examination sent to the Accountant in Bankruptcy under section 121(7)
  • an appropriate entry in relation to the production of any document to the trustee in accordance with section 124(1),(3),(4) stating the date when it was produced to the trustee
  • where the trustee accepts or rejects a claim under section 126, the decision on the claim, specifying -
    • the amount of the claim accepted by the trustee
    • the category of debt, and the value of any security, as decided by the trustee, and
    • if the claim is rejected, the reasons
  • a copy of a decision of the Accountant in Bankruptcy under section 127(4)(b) and of the sheriff under section 127(5).
  • an agreement or determination in respect of the accounting period under section 130(3)(b)(i) or (ii).
  • the audited accounts, the scheme of division and the final determination in relation to the trustee's outlays and remuneration, as mentioned in section 132
  • a copy the certificate of discharge given to the debtor under section 137(2) or 138(2) or 143
  • a copy the certificate deferring discharge where the debtor cannot be traced issued under section 141(4)(b) or (6)(b)
  • a decision of the court under section 211 and of the Accountant in Bankruptcy under section 212
  • a copy of a decree arbitral or, as the case may be, an appropriate entry recording the compromise referred to in section 216
  • the minutes of the meeting mentioned in paragraph 8 of Schedule 6
  • a copy of the minutes of any meeting sent to the Accountant in Bankruptcy in accordance with paragraph 25 of Schedule 6
  • where a meeting of commissioners is called in accordance with paragraph 26 of Schedule 6:
    • a record of the deliberations of the commissioners at the meeting
    • where the trustee is not clerk in accordance with paragraph 30 of Schedule 6, a record of the deliberations of the commissioners transmitted by the commissioner acting as clerk, such commissioner to authenticate the insertion when made
    • in relation to any matter agreed without a meeting, the minute recording that agreement signed in accordance with paragraph 32 of Schedule 6
  • a copy of any decision (including any determination, direction, award, acceptance, rejection, adjudication, requirement, declaration, order or valuation) relating to the sequestration which is
    • issued by the Accountant in Bankruptcy
    • not otherwise mentioned in this schedule
  • a copy of any decree, interlocutory decree, direction or order relating to the sequestration which is:
    • granted by the court
    • not otherwise mentioned in this schedule

Other documents to be inserted as appropriate:

  • request to court to appoint new interim trustee (if applicable)
  • copy court order recalling or refusing to recall the award of bankruptcy
  • copy court order protecting the occupancy rights of a non-entitled spouse
  • entry relative to the grant of a certificate of discharge to the interim trustee (if applicable)
  • copy decree of reduction of a gratuitous alienation
  • copy decree of recall of an order for payment of a capital sum on divorce
  • copy decree of reduction of an unfair preference
  • record of debtor’s evidence at an examination, duly subscribed
  • copy record of whole examination
  • adjudication on claims
  • entry relative to the sheriff’s decision on any appeal against the trustee’s adjudication
  • copy order by sheriff deferring the debtor’s automatic discharge
  • receipt from debtor of any reversions
  • entry relative to court’s decision to any application to cure defects in procedure
  • copy of decree arbitral
  • entry relative to compromise with regard to any claim of whatever nature made against or on behalf of the sequestrated estate
  • copy of decree of reduction of order discharging the debtor
  • minutes of meetings of creditors (non-statutory)
  • minutes of meetings of commissioners
  • minutes of matters agreed by commissioners without a meeting
  • copy of Debtor Contribution Order (DCO)
  • such other entries and insertions as may be necessary to provide a full record of the bankruptcy process before the date of the trustee’s act and warrant.
Back to top