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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.


5.0 Introduction

This section refers to Part 4 of the Act, section 60 to 75.

This role is undertaken by the Adjudication and Supervision Team (AST) on behalf of the Accountant.

A trustee can be replaced by:

  • a vote at a statutory meeting
  • appointment by the Accountant when the original trustee in more than one bankruptcy applies to the Accountant to resign or dies
  • a vote at a meeting convened for this purpose following an application to the Accountant for the resignation of the original trustee or following the death of a trustee in one bankruptcy
  • appointment by the Accountant following an application to the Accountant for the resignation of the original trustee, or following the death of a trustee when no replacement trustee was elected at a meeting convened for this purpose
  • a vote by the creditors at a meeting called for the purpose, if they also elect a new trustee
  • order of the Accountant either following an application by commissioners, or a person representing not less than one quarter value, or when the Accountant is satisfied, on the basis of the circumstances there are reasons to remove the trustee from office
  • declaration of the Accountant that the office of trustee has become vacant when the trustee is unable to act or should no longer continue to act

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