Notes for Guidance - Bankruptcy (Scotland) Act 2016 (as amended)

A trustee is appointed by:

• a sheriff
• the Accountant

4.2.1 Appointment by a sheriff

A sheriff may appoint a person who has been nominated to act if:

• they acted as interim trustee
• the person is qualified to act
• a copy of the undertaking to act has been provided

When a sheriff does not appoint a trustee they must appoint the Accountant in Bankruptcy as trustee.

4.2.2 Appointment by the Accountant

The Accountant may appoint a person as trustee who has been nominated to act if:

• the person is qualified to act
• a copy of the undertaking to act has been provided

When the Accountant does not appoint a trustee the Accountant in Bankruptcy is deemed to be trustee.

4.2.3 Notifying the appointment 

Following an award made by the court the trustee must:

• as soon as practicable notify the debtor of the appointment
• send a copy of the Form 10 - Statement Of Assets and Liabilities for completion and the Form 13 - Statement Of Undertakings of The Regulations for completion and signature